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February 2, 2009

Congressional Research Service

Report RL33576

Labor, Health and Human Services, and Education: FY2007

AppropriationsPaul M. Irwin, Domestic Social Policy Division

March 21, 2007

Abstract. This report is a guide to one of the regular appropriations bills that Congress considers each year.It is designed to supplement the information provided by the House and Senate Appropriations Subcommitteeson Labor, Health and Human Services, and Education, and Related Agencies. It summarizes the status of thebill, its scope, major issues, funding levels, and related congressional activity.

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Order Code RL33576

Labor, Health and Human Services, and Education: FY2007 Appropriations

Updated March 21, 2007

Paul M. IrwinSpecialist in Social Legislation

Domestic Social Policy Division

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The annual consideration of appropriations bills (regular, continuing, and supplemental) byCongress is part of a complex set of budget processes that also encompasses theconsideration of budget resolutions, revenue and debt-limit legislation, other spendingmeasures, and reconciliation bills. In addition, the operation of programs and the spendingof appropriated funds are subject to constraints established in authorizing statutes.Congressional action on the budget for a fiscal year usually begins following the submissionof the President’s budget at the beginning of each annual session of Congress.Congressional practices governing the consideration of appropriations and other budgetarymeasures are rooted in the Constitution, the standing rules of the House and Senate, andstatutes, such as the Congressional Budget and Impoundment Control Act of 1974.

This report is a guide to one of the regular appropriations bills that Congress considers eachyear. It is designed to supplement the information provided by the House and SenateAppropriations Subcommittees on Labor, Health and Human Services, and Education, andRelated Agencies. It summarizes the status of the bill, its scope, major issues, fundinglevels, and related congressional activity, and is updated as events warrant. The report liststhe key CRS staff relevant to the issues covered and related CRS products.

NOTE: A Web version of this document with active links isavailable to congressional staff at [http://apps.crs.gov/cli/cli.aspx?PRDS_CLI_ITEM_ID=2347&from=3&fromId=73].

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Summary

This report tracks FY2007 appropriations for the Departments of Labor, Healthand Human Services, and Education, and Related Agencies (L-HHS-ED). Thislegislation provides discretionary funds for three major federal departments and 14related agencies. The report, which will be updated, summarizes L-HHS-EDdiscretionary funding issues but not authorization or entitlement issues.

On February 6, 2006, the President submitted the FY2007 budget request toCongress, including $138.3 billion in discretionary L-HHS-ED funds; the comparableFY2006 amount was $147.3 billion, enacted primarily through P.L. 109-149. TheRevised Continuing Appropriations Resolution, 2007, H.J.Res. 20, provides anestimated $144.4 billion in discretionary funds for L-HHS-ED activities; the bill wassigned into law on February 15, 2007, as P.L. 110-5. Actual FY2007 appropriationsfor programs, projects, and activities were not specified by P.L. 110-5; theseamounts will become available at a later time. A series of continuing resolutions,beginning with P.L. 109-289, provided temporary L-HHS-ED funding from October1, 2006, through February 15, 2007.

Department of Labor (DOL). DOL discretionary appropriations were $11.7billion in FY2006; $11.0 billion was requested for FY2007. FY2007 funding forWorkforce Investment Act (WIA) programs would be decreased by $822 million.

Department of Health and Human Services (HHS). HHS discretionaryappropriations were $66.7 billion in FY2006; $61.8 billion was requested forFY2007. Funding would be increased by $181 million for Community HealthCenters. Funding would be decreased by $198 million for the Children’s HospitalGraduate Medical Education (CHGME). The Low-Income Home Energy AssistanceProgram (LIHEAP) would be decreased by $379 million. The $550 million SocialServices Block Grant (SSBG) and the $630 million Community Services BlockGrant (CSBG) would be eliminated. Pandemic Influenza Preparedness, funded at$5.4 billion in FY2006, would receive no new funds.

Department of Education (ED). ED discretionary appropriations were $57.6billion in FY2006; $54.3 billion was requested for FY2007. Funding would beincreased for Elementary and Secondary Education Act (ESEA) programs inaggregate, and five K-12 initiatives, including $1.5 billion for High School Reform,were proposed. Decreases of $385 million for Pell Grants and $448 million forTRIO were requested. Funding would be eliminated for the $272 millionEducational Technology State Grants, the $303 million GEAR UP program, and the$1.9 billion education hurricane recovery programs.

Related Agencies. Discretionary appropriations for L-HHS-ED relatedagencies were $11.4 billion in FY2006; $11.2 billion was requested for FY2007.Two-year advance funding for the Corporation for Public Broadcasting (CPB) wouldbe eliminated. An increase of $271 million was requested for Supplemental SecurityIncome (SSI) discretionary activities.

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Key Policy Staff for L-HHS-ED Appropriations

Area of Expertise Name Telephone

Coordinator Pamela W. Smith 7-7048

Department of Labor (DOL)

DOL appropriations coordinator Gerald Mayer 7-7815

Job training and employment services Blake Alan Naughton 7-0376

Labor market information Linda Levine 7-7756

Labor standards enforcement William G. Whittaker 7-7759

Mine Safety and Health Administration Edward B. Rappaport 7-7740

Occupational Safety and Health Administration Edward B. Rappaport 7-7740

Older Americans Act, employment programs Angela Napili 7-0135

Pension and welfare benefits Patrick Purcell 7-7571

Trade adjustment assistance Debra Whitman 7-6928

Unemployment compensation Julie M. Whittaker 7-2587

Veterans employment Christine Scott 7-7366

Workforce Investment Act Blake Alan Naughton 7-0376

Department of Health and Human Services (HHS)

HHS appropriations coordinator Pamela W. Smith 7-7048

Abortion, legal issues Karen J. Lewis 7-6190

Abortion, legal issues Jon Shimabukuro 7-7990

Abortion procedures Judith A. Johnson 7-7077

AIDS, Ryan White programs Judith A. Johnson 7-7077

Bioterrorism, HHS funding Sarah Lister 7-7320

Bioterrorism, HHS funding Pamela W. Smith 7-7048

Cancer research Judith A. Johnson 7-7077

Centers for Disease Control and Prevention Sarah A. Lister 7-7320

Child care and development Melinda Gish 7-4618

Child welfare Emilie Stoltzfus 7-2324

Child welfare Adrienne L. Fernandes 7-9005

Cloning, stem cell research Judith A. Johnson 7-7077

Cloning, stem cell research Erin D. Williams 7-4897

Family Planning, Title X Angela Napili 7-0135

Federal health centers Barbara English 7-1927

Head Start Melinda Gish 7-4618

Health professions education and training Bernice Reyes-Akinbileje 7-2260

Health Resources and Services Administration Bernice Reyes-Akinbileje 7-2260

Immunization Pamela W. Smith 7-7048

Low-Income Home Energy Assistance Program Libby Perl 7-7806

Maternal and Child Health Block Grant Angela Napili 7-0135

Medicaid Elicia J. Herz 7-1377

Medicare Holly Sue Stockdale 7-9553

Needle exchange, AIDS Judith A. Johnson 7-7077

NIH, health research policy Pamela W. Smith 7-7048

Older Americans Act Angela Napili 7-0135

Pandemic Influenza/Bird Flu Sarah A. Lister 7-7320

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Area of Expertise Name Telephone

Public Health Service Pamela W. Smith 7-7048

Refugee Resettlement Assistance Andorra Bruno 7-7865

Runaway Children and Homeless Youth Adrienne L. Fernandes 7-9005

Social Services Block Grant Melinda Gish 7-4618

State Children’s Health Insurance Program (SCHIP) Evelyne P. Baumrucker 7-8913

Substance Abuse and Mental Health Services Ramya Sundararaman 7-7285

Temporary Assistance for Needy Families (TANF) Gene Falk 7-7344

Department of Education (ED)

ED appropriations coordinator Rebecca R. Skinner 7-6600

Adult education and literacy Gail McCallion 7-7758

After-school programs Gail McCallion 7-7758

Assessment in education Wayne C. Riddle 7-7382

Career (vocational) and technical education Rebecca R. Skinner 7-6600

Charter schools David Smole 7-0624

College costs and prices Rebecca R. Skinner 7-6600

Education block grants Rebecca R. Skinner 7-6600

Education for the Disadvantaged, Title I Wayne C. Riddle 7-7382

Education technology Rebecca R. Skinner 7-6600

English language acquisition Rebecca R. Skinner 7-6600

Higher education Adam Stoll 7-4375

Impact Aid Rebecca R. Skinner 7-6600

Indian education Roger Walke 7-8641

Pell Grants Charmaine Mercer 7-4894

Reading programs Gail McCallion 7-7758

Rehabilitation Act Scott Szymendera 7-0014

Safe and Drug-Free Schools and Communities Gail McCallion 7-7758

Special education, IDEA Richard N. Apling 7-7352

Special education, IDEA, legal issues Nancy Lee Jones 7-6976

Special education, IDEA, state grants Ann Lordeman 7-2323

Student aid Adam Stoll 7-4375

Student aid Charmaine Mercer 7-4894

Student loans Adam Stoll 7-4375

Teacher recruitment, preparation, and training Jeffrey J. Kuenzi 7-8645

21st Century Community Learning Centers Gail McCallion 7-7758

Related Agencies

Corporation for National and Community Service(VISTA, Senior Corps, AmeriCorps) Ann Lordeman 7-2323

Corporation for Public Broadcasting Glenn J. McLoughlin 7-7073

Institute of Museum and Library Services Gail McCallion 7-7758

National Labor Relations Board Gerald Mayer 7-7815

National Labor Relations Board, legal issues Jon O. Shimabukuro 7-7990

Railroad Retirement Board Kathleen Romig 7-3742

Social Security Administration Dawn Nuschler 7-6283

Supplemental Security Income Scott Szymendera 7-0014

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Contents

Most Recent Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Public Law P.L. 110-5 (H.J.Res. 20) Enacted . . . . . . . . . . . . . . . . . . . . 1Senate Bill S. 3708 Reported . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1House Bill H.R. 5647 Reported . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1President’s Budget Submitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Note on Most Recent Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Overview and Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Program Level and Current Year Appropriations . . . . . . . . . . . . . . . . . . . . . 3President’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5House Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Senate Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Public Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Major Discretionary Programs, FY2006-FY2007 . . . . . . . . . . . . . . . . . . . . 10“Across-the-Board” Rescission for FY2006 . . . . . . . . . . . . . . . . . . . . . . . . 11302(a) and 302(b) Allocation Ceilings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Advance Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Major Funding Trends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Earmarks for Specific Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Department of Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

President’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16House Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Senate Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

CRS Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Websites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Detailed Appropriations Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Department of Health and Human Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

President’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21House Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22Senate Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22Abortion: Funding Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23Embryonic Stem Cell Research: Funding Restrictions . . . . . . . . . . . . 23


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Department of Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

President’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28House Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29Senate Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30ESEA Funding Shortfall? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30IDEA Funding Shortfall? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31Forward Funding and Advance Appropriations . . . . . . . . . . . . . . . . . . 31


Related Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

President’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36House Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36Senate Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37


Appendix A. Terminology and Web Resources . . . . . . . . . . . . . . . . . . . . . . . . . 41Websites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Appendix B. Context of L-HHS-ED Appropriations . . . . . . . . . . . . . . . . . . . . . 43

List of Tables

Table 1. Legislative Status of L-HHS-ED Appropriations, FY2007 . . . . . . . . . . 1Table 2. L-HHS-ED Appropriations Summary, FY2006-FY2007 . . . . . . . . . . . . 4Table 3. Major Discretionary Programs, FY2006-FY2007 . . . . . . . . . . . . . . . . 10Table 4. FY2007 302(b) Discretionary Allocations . . . . . . . . . . . . . . . . . . . . . . 12Table 5. Discretionary Funding Trends, FY2002-FY2006 . . . . . . . . . . . . . . . . . 14Table 6. Estimated Earmarks, Selected Years, FY1996-FY2006 . . . . . . . . . . . . 15Table 7. Department of Labor Discretionary Appropriations . . . . . . . . . . . . . . . 16Table 8. Detailed Department of Labor Appropriations . . . . . . . . . . . . . . . . . . . 19Table 9. Department of Health and Human Services

Discretionary Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21Table 10. Detailed Department of Health and Human Services

Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26Table 11. Department of Education Discretionary Appropriations . . . . . . . . . . 28Table 12. Detailed Department of Education Appropriations . . . . . . . . . . . . . . 34Table 13. Related Agencies Discretionary Appropriations . . . . . . . . . . . . . . . . . 36Table 14. Detailed Related Agencies Appropriations . . . . . . . . . . . . . . . . . . . . . 39Table B.1. L-HHS-ED Budget Authority by Agency, FY2006 . . . . . . . . . . . . . 43Table B.2. L-HHS-ED Budget Authority by Source, FY2006 . . . . . . . . . . . . . . 43

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Most Recent Developments

Public Law P.L. 110-5 (H.J.Res. 20) Enacted. Following a series of threecontinuing resolutions, the Revised Continuing Appropriations Resolution, 2007(P.L. 110-5), was enacted into law on February 15, 2007. According to theCongressional Budget Office (CBO), the resolution provides an estimated $144.4billion in discretionary appropriations for Labor, Health and Human Services, andEducation, and Related Agencies (L-HHS-ED) activities. The FY2006 L-HHS-EDdiscretionary amount was $147.3 billion, which included $4.2 billion for 2005 GulfCoast hurricane relief and pandemic influenza preparedness. Actual FY2007appropriations for programs, projects, and activities were not specified by P.L. 110-5; these amounts will become available at a later time.

Senate Bill S. 3708 Reported. On July 20, 2006, the Senate Committee onAppropriations reported S. 3708 (S.Rept. 109-287), its proposal for FY2007 L-HHS-ED appropriations. The bill would provide $142.9 billion in FY2007 discretionaryfunds for L-HHS-ED.

House Bill H.R. 5647 Reported. On June 20, 2006, the House Committeeon Appropriations reported H.R. 5647 (H.Rept. 109-515), its proposal for FY2007appropriations for L-HHS-ED programs. The bill would provide $142.4 billion indiscretionary funds for L-HHS-ED programs.

President’s Budget Submitted. On February 6, 2006, the Presidentsubmitted the FY2007 budget to Congress; the request was for $138.3 billion indiscretionary funds for L-HHS-ED programs.

Table 1 summarizes the legislative status of FY2007 L-HHS-ED appropriations.

Table 1. Legislative Status of L-HHS-ED Appropriations, FY2007

SubcommitteeMarkup

H.R.5647,

H.Rept.109-515

HousePassage

S. 3708,S.Rept.109-287

SenatePassage

Conf.Rept.

ConferenceReport Approval

PublicLawP.L.

110-5House Senate HousePassage

SenatePassage

6/07/06(a)

7/18/06(b)

6/20/06(c)

7/20/06(d)

2/15/07(e)

a. The House Subcommittee on Labor, Health and Human Services, and Education Appropriationsbegan FY2007 hearings on Feb. 16, 2006. The Subcommittee marked up its version of theFY2007 L-HHS-ED appropriations on June 7, 2006, and approved it by a vote of 9 to 7.

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b. The Senate Subcommittee on Labor, Health and Human Services, and Education Appropriationsbegan FY2007 hearings on Mar. 1, 2006. The Subcommittee marked up its version of theFY2007 L-HHS-ED bill on July 18, 2006, and approved it by voice vote.

c. H.R. 5647 (109th Congress): The House Committee on Appropriations approved its version of theL-HHS-ED appropriations for FY2007 on June 13, 2006, by voice vote, and ordered the billreported. Subsequently, H.R. 5647 (H.Rept. 109-515) was introduced and reported on June 20,2006. The full House did not consider this bill.

d. S. 3708 (109th Congress): The Senate Committee on Appropriations approved and reported itsversion of the FY2007 L-HHS-ED appropriations on July 20, 2006, by a vote of 28 to 0. Thefull Senate did not consider this bill.

e. P.L. 110-5: During the initial weeks of the 110th Congress, the House passed H.Res. 116 (H.Rept.110-6), the rule for floor consideration of H.J.Res. 20, by a vote of 225-191 (Roll Call no. 67);see Congressional Record, Daily Edition, Jan. 31, 2007, pp. H1059-68, H1070-71. The Housepassed H.J.Res. 20 by a vote of 286-140 (Roll Call no. 72); see Congressional Record, DailyEdition, Jan. 31, 2007, pp. H1071-1113. The Senate passed H.J.Res. 20 by a vote of 81-15(Roll Call no. 48). For Senate consideration, see Congressional Record, Daily Edition, Feb. 8,2007, pp. S1746-50; Feb. 13, pp. S1889-97; Feb. 14, pp. S1933, S1937, S1942-53. On Feb.15, 2007, the President signed H.J.Res. 20 into law, as P.L. 110-5. Three FY2007 continuingresolutions, beginning with Division B of P.L. 109-289 (H.R. 5631), provided temporaryFY2007 funding for most L-HHS-ED activities for the period October 1, 2006, throughFebruary 15, 2007.

Note on Most Recent Data. In this report, unless stated otherwise, data onFY2006 appropriations and FY2007 appropriations proposals are based on the June13, 2006, table of the House Committee on Appropriations, except FY2007 Senateamounts are based on S.Rept. 109-287. In most cases, data represent net funding forspecific programs and activities, and take into account current and forward fundingand advance appropriations; however, all data are subject to additional budgetaryscorekeeping. Except where noted, data refer only to those programs within thepurview of L-HHS-ED appropriations, and not to all programs within the jurisdictionof the relevant departments and agencies. Funding from other appropriations bills,and entitlements funded outside of the annual appropriations process, are excluded.

The FY2007 data in this report reflect the provisions of H.R. 5647, as reportedby the House Committee on Appropriations on June 20, 2006 (H.Rept. 109-515), andthe provisions of S. 3708, as reported by the Senate Committee on Appropriationson July 20, 2006 (S.Rept. 109-287). Actual FY2007 appropriations for programs,projects, and activities were not specified by P.L. 110-5; these amounts will becomeavailable at a later time.

The FY2006 data in this report are post-rescission, and take into account the 1%cut of most FY2006 discretionary amounts required by P.L. 109-148 (see the sectiontitled “‘Across-the-Board Rescission’ for FY2006,” later in this report). The FY2006amounts include funding from some — but not all — FY2006 supplementalappropriations; amounts shown are those provided by the June 13, 2006, table of theHouse Committee on Appropriations. Specifically, these amounts include fundingprovided by P.L. 109-148 for relief from the 2005 Gulf Coast hurricanes and forpandemic influenza preparedness, as well as other supplemental funding provided byP.L. 109-13, P.L. 109-171, and P.L. 109-204. However, FY2006 data do not yet takeinto account the supplemental appropriations for the 2005 Gulf Coast hurricanes andpandemic influenza enacted through P.L. 109-234, the Emergency SupplementalAppropriations Act for Defense, the Global War on Terror, and Hurricane Recovery,2006 (signed into law on June 15, 2006). The FY2006 amounts in this report differfrom those shown for FY2006 in the H.R. 3010 conference report (H.Rept. 109-337,

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December 13, 2005) for L-HHS-ED appropriations, because the conference amountswere pre-reduction and excluded FY2006 supplemental appropriations.

Overview and Key Issues

This report describes the President’s proposal for FY2007 appropriations forL-HHS-ED programs, as submitted to Congress on February 6, 2006, and thecongressional response to that proposal. It compares the President’s FY2007 requestto the FY2006 L-HHS-ED amounts. It tracks legislative action and congressionalissues related to the L-HHS-ED appropriations bill, with particular attention paid todiscretionary programs. However, the report does not follow specific funding issuesrelated to mandatory L-HHS-ED programs — such as Medicare or Social Security— nor does it follow any authorizing legislation that may be needed prior to fundingsome of the President’s budget initiatives. For a glossary of budget terms andrelevant websites, see Appendix A, “Terminology and Web Resources.” Forfunding sources for L-HHS-ED agencies, see Appendix B, “Context of L-HHS-EDAppropriations.”

The L-HHS-ED bill typically is one of the more controversial of the regularappropriations bills, not only because of the size of its funding total and the scope ofits programs, but also because of the continuing importance of various related issues,such as restrictions on the use of federal funds for abortion, stem cell research, andhuman cloning. This bill provides discretionary funds for three federal departmentsand 14 related agencies including the Social Security Administration (SSA).

Among the various appropriations bills, L-HHS-ED is the largest single sourceof discretionary funds for domestic federal programs; the Department of Defense(DOD) bill is the largest source of discretionary funds among all federal programs.According to the Budget of the United States Government Fiscal Year 2007, TableS-4, the FY2006 L-HHS-ED bill accounted for $141.8 billion (16.8%) and the DODbill accounted for $399.2 billion (47.3%) of the estimated $843.3 billion total for allfederal discretionary budget authority in FY2006, excluding supplemental andemergency funding. This section summarizes major funding changes proposed forL-HHS-ED and related issues such as 302(b) allocations, advance appropriations, andearmarks for specific projects. Later sections provide details on individualL-HHS-ED departments and agencies.

Program Level and Current Year Appropriations

Table 2 summarizes the L-HHS-ED appropriations for FY2007, including bothdiscretionary and mandatory appropriations. The table shows various aggregatemeasures of L-HHS-ED appropriations enacted for FY2006 and proposed forFY2007, including the discretionary program level, current year, and advanceappropriations, as well as scorekeeping adjustments.

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Table 2. L-HHS-ED Appropriations Summary, FY2006-FY2007(dollars in billions)

Type of budget authority FY2006enacted

FY2007request

FY2007House

FY2007Senate

FY2007final

Discretionary appropriations

Program level: current bill forany year $147.3 $138.3 $142.4 $142.9

Current year: current yearfrom any bill

141.2 137.8 141.9 142.8

Advances for future years(from the current bill) 19.3 18.9 19.3 19.3

Advances from prior years(from previous bills)

19.1 19.3 19.3 19.3

Scorekeeping adjustments -5.9 -0.9 -0.5 NA

Current year discretionary and mandatory funding

Discretionary 141.2 137.8 141.9 142.8

Mandatory 460.3 454.7 454.6 NA

Total current year 601.5 592.5 596.5 NA

Grand total of funding for L-HHS-ED bill, any year

Grand total any year $606.8 $601.1 $605.0 $605.5

Source: Amounts are based on the June 13, 2006, table of the House Committee on Appropriations,except for Senate amounts, which are based on S.Rept. 109-287. FY2006 amounts reflect the 1% cutrequired by P.L. 109-148 (see the section titled “‘Across-the-Board’ Rescission for FY2006,” laterin this report), but they do not yet include all FY2006 supplemental appropriations. Appropriationsare given only for programs included in the annual L-HHS-ED bill.

Note: Both FY2006 and FY2007 mandatory amounts are estimates that are subject to adjustmentsafter the close of their respective fiscal years. All amounts in the table are subject to change throughthe enactment of further supplementals and rescissions for FY2006 and scorekeeping adjustments.“NA” means not available.

! Program level appropriations reflect the total discretionaryappropriations in a given bill, regardless of the year in which theywill be spent, and therefore include advance funding for future years.Unless otherwise specified, proposed FY2007 appropriations levelsin this report refer to program level amounts.

! Current year appropriations represent discretionary appropriationsin a given bill for the current year, plus discretionary appropriationsfor the current year that were enacted in prior years — for example,FY2006 appropriations that were enacted in the FY2005 act.Current year discretionary appropriations are similar to the amountcounted for the 302(b) allocation ceilings (discussed later in thisreport).

! Advance appropriations are funds that will not become availableuntil after the fiscal year for which the appropriations are enacted(for example, funds for certain education programs like Title I PartA Grants to Local Educational Agencies for the Education of the

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Disadvantaged that were included in the FY2006 act that cannot bespent before FY2007 at the earliest, discussed later in this report).

! Scorekeeping adjustments are made to account for special fundingsituations, as monitored by the Congressional Budget Office (CBO).

Because appropriations may consist of mixtures of budget authority enacted invarious years, two summary measures are frequently used — program levelappropriations and current year appropriations. How are these measures related? Foran “operational definition,” program level funding equals (a) current year, plus(b) advances for future years, minus (c) advances from prior years, and minus(d) scorekeeping adjustments. Table 2 shows each of these amounts, along withcurrent year funding for mandatory programs and the grand total for L-HHS-ED.

President’s Request

On February 6, 2006, the President’s FY2007 request was submitted toCongress, less than two months after the regular FY2006 L-HHS-ED appropriationswere signed into law as P.L. 109-149 (enacted December 30, 2005). With regard tothe President’s budget, the primary issues raised during congressional considerationof any appropriations request generally relate to proposed funding changes. Thefollowing summary highlights changes of at least $100 million proposed in FY2007discretionary budget authority in comparison with the FY2006 amount. Viewing thislist by itself should be done with caution, since the relative impact of a $100 millionfunding change to a $500 million program (a 20% increase or decrease) is greaterthan a $100 million change to a $5 billion program (a 2% increase or decrease).Later in this report, the discussion of budgets for individual departments includestables to compare the FY2007 request with the FY2006 funding for many of themajor programs in the L-HHS-ED bill.

Budget Highlights. Overall, $138.3 billion in discretionary appropriationswas requested for L-HHS-ED for FY2007, $9.0 billion (6.1%) less than the FY2006amount of $147.3 billion; the FY2006 amount includes extra funds for relief relatedto the 2005 Gulf Coast hurricanes and for pandemic influenza preparedness.

! For the Department of Labor (DOL), the FY2007 request includeda decrease of $822 million for job training programs authorized bythe Workforce Investment Act of 1998 (WIA), including $152million less for WIA Adult Training, $100 million less for WIAYouth Training, and $483 million less for WIA Dislocated WorkerAssistance. A decrease of $142 million was proposed for theUnemployment Compensation. Overall, $11.0 billion in FY2007discretionary appropriations was requested for DOL, 6.0% less thanthe FY2006 amount of $11.7 billion.

! For the Department of Health and Human Services (HHS), theFY2007 request proposed an increase of $181 million forCommunity Health Centers. Decreases were proposed of $136million for Health Professions programs other than those for nursing,$198 million for Children’s Hospital Graduate Medical Education(CHGME), and $128 million for Buildings and Facilities at theCenters for Disease Control and Prevention (CDC). A $118 million

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initiative for Fraud and Abuse Control at the Centers for Medicareand Medicaid Services (CMS) was proposed. A decrease of $379million was requested for the Low-Income Home Energy AssistanceProgram (LIHEAP). The $550 million funding for Social ServicesBlock Grant (SSBG) discretionary activities would be eliminated, aswould the $630 million for the Community Services Block Grant(CSBG). Pandemic Influenza Preparedness would receive noadditional funds; $5.4 billion was provided in FY2006. Overall,$61.8 billion in FY2007 discretionary appropriations was requestedfor HHS, 7.3% less than the FY2006 amount of $66.7 billion.

! For the Department of Education (ED), the FY2007 requestproposed an increase of $1.1 billion for Elementary and SecondaryEducation Act of 1965 (ESEA) programs in aggregate. It proposedfive K-12 education initiatives of at least $100 million, including$1.5 billion for High School Reform. The request proposed theelimination of the $272 million Educational Technology StateGrants, and the $347 million Safe and Drug-Free Schools StateGrants. An increase of $100 million was requested for the SpecialEducation Part B Grants to States program under the Individualswith Disabilities Education Act (IDEA). It proposed the eliminationof the $1.3 billion Perkins Vocational Education program. Adecrease of $385 million was proposed for the Pell Grants program,and a decrease of $448 million for TRIO programs. No funds wererequested for the $303 million GEAR UP program. A portion of thePerkins Loan Assets would be recalled, producing a $664 millionoffset. No additional funds were requested for education programsfunded at $1.9 billion in response to the 2005 Gulf Coast hurricanes.Overall, $54.3 billion in FY2007 discretionary appropriations wasrequested for ED, 5.7% less than the FY2006 amount of $57.6billion.

! For the related agencies, the FY2007 budget proposed to eliminatethe two-year advance appropriations for the Corporation for PublicBroadcasting (CPB), which was provided with a two-year advanceappropriation of $400 million in the FY2006 bill. An increase of$271 million was requested for the Supplemental Security Income(SSI) discretionary activities, and an increase of $114 million forSocial Security Administration (SSA) Administrative Expenses.Overall, $11.2 billion in FY2007 discretionary appropriations wasrequested for related agencies, 1.8% less than the FY2006 amountof $11.4 billion.

House Bill

The House Committee on Appropriations reported its version of the FY2007L-HHS-ED appropriations as H.R. 5647 (H.Rept. 109-515) by a voice vote on June20, 2006. Consideration of the bill by the full House has not yet begun; theCommittee amendment to increase the minimum wage is reportedly one of the issuescausing delay. The White House has not issued a Statement of Administration Policyregarding the bill.

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House Highlights. Overall, the House bill, as reported, would provideFY2007 discretionary appropriations of $142.4 billion for L-HHS-ED programs. ThePresident requested $138.3 billion; the FY2006 amount was $147.3 billion. TheHouse bill differs from the President’s request in a number of details.

! For DOL, the House bill would provide $5.0 billion for WIAprograms in aggregate, $555 million more than requested. WIAAdult Training would receive $854 million, $142 million more thanrequested. WIA Dislocated Worker Assistance would receive $1.5billion, $362 million more than requested. Dislocated WorkerAssistance State Grants would receive $1.2 billion, $318 millionmore than requested. A rescission of $325 million of prior-yearappropriations for WIA and related programs would be made underthe House bill; no request was made for a rescission. Overall, theHouse bill would provide $11.5 billion in discretionary funds forDOL; $11.0 billion was requested; and $11.7 billion was providedfor FY2006.

! For HHS, the House bill would fund Health Professions other thannursing at $163 million, $154 million more than requested. TheCHGME would receive $300 million, $201 million more thanrequested. Health Care-Related Facilities and Activities wouldreceive $248 million; no funds were requested. The PreventiveHealth and Health Services Block Grant (PHBG) would receive$100 million; no funds were requested. The National Institutes ofHealth (NIH) would receive $28.25 billion, $100 million less thanrequested. The Agency for Healthcare Research and Quality(AHRQ) would receive a specific appropriation of $319 million; therequest was for indirect funding of $319 million. The CMS Fraudand Abuse Control initiative would not be funded; $118 million wasrequested. LIHEAP would receive $2.1 billion, $329 million morethan requested. The CSBG would be funded at $449 million; nofunds were requested. Overall, the House bill would provide $63.7billion in discretionary funds for HHS; $61.8 billion was requested;and $66.7 billion was provided for FY2006.

! For ED, the House bill would fund ESEA programs in aggregate at$22.8 billion, $1.6 billion less than requested. Of the President’sfive major education initiatives requested in the budget, only theSchool Improvement Grants would receive funding, at $200 million,the same as requested. Teacher Quality State Grants would receive$2.6 billion, $300 million less than requested. Safe and Drug-FreeSchools State Grants would receive $310 million; no funds wererequested. Perkins Vocational Education would receive $1.3 billion;no funds were requested. Pell Grants would receive $13.0 billion,$349 million more than requested. No portion of the Perkins LoanAssets would be recalled; the President proposed a $664 millionrecall. TRIO programs would receive $828 million, $448 millionmore than requested. GEAR UP would receive $303 million; nofunds were requested. Overall, the House bill would provide $56.1billion in discretionary funds for ED; $54.3 billion was requested;and $57.6 billion was provided for FY2006.

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! For the related agencies, the House bill would provide $6.3 billionfor SSA Administrative Expenses, $141 million less than requested.Overall, the House bill would provide $11.0 billion in discretionaryfunds for the related agencies; $11.2 billion was requested; and$11.4 billion was provided for FY2006.

Senate Bill

The Senate Committee on Appropriations reported its version of the FY2007L-HHS-ED appropriations as S. 3708 (S.Rept. 109-287) by a vote of 28 to 0 on July20, 2006. Consideration of the bill by the full Senate has not yet begun. Unlike theHouse bill, the Senate version does not amend minimum wage provisions. TheWhite House has not issued a Statement of Administration Policy regarding the bill.

Senate Highlights. Overall, the Senate bill, as reported, would provideFY2007 discretionary appropriations of $142.9 billion for L-HHS-ED programs. TheHouse bill, as reported, would provide $142.4 billion; the President requested $138.3billion. The comparable FY2006 amount was $147.3 billion. The Senate bill differsfrom the House proposal in a number of ways.

! For DOL, the Senate bill would fund Unemployment Compensationat a level $103 million less than the House amount. The bill doesnot include the House provision for a $325 million rescission offunds for WIA and related programs. Overall, the Senate bill wouldprovide $11.6 billion in discretionary appropriations for DOLprograms, $0.1 billion more than the House and $0.6 billion morethan the request, but $0.1 billion less than DOL funding in FY2006.

! For HHS, the Senate bill would provide $100 million less than theHouse bill for CHGME, $116 million less for Infectious Diseases atthe CDC, $301 million more for NIH, and $181 million more for theCSBG. Overall, the Senate bill would provide $64.2 billion indiscretionary appropriations for HHS programs, $0.5 billion morethan the House, $2.4 billion more than the request, but $2.5 billionless than HHS funding in FY2006.

! For ED, the Senate bill would provide $116 million more for ESEAprograms in aggregate, $100 million less for the SchoolImprovement Grants Initiative, $160 million more for TeacherQuality State Grants, $150 million less for IDEA Part B Grants toStates, and $402 million less for Pell Grants. The Pell Grantmaximum award would not be increased; the House bill proposed a$100 increase to $4,150 for FY2007. Educational Technology StateGrants would be funded at $272 million; no funds would beprovided by the House bill. The Innovative Education Block Grantwould receive no funds; the House bill would provide $150 million.Overall, the Senate bill would provide $55.8 billion in discretionaryappropriations for ED programs, $0.3 billion less than the House,$1.5 billion more than the request, and $1.8 billion less than EDfunding in FY2006.

! For the related agencies, the Senate bill would provide $400 millionfor the CPB for FY2009; no FY2009 funds would be provided by

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the House bill. The Senate bill would provide $158 million less thanthe House bill for SSA Administrative Expenses. Overall, theSenate bill would provide $11.3 billion in discretionaryappropriations for related agencies, $0.3 billion more than theHouse, $0.1 billion more than the request, and $0.1 billion less thanfunding for the related agencies of L-HHS-ED in FY2006.

Public Law

P.L. 110-5 (H.J.Res. 20), the Revised Continuing Appropriations Resolution,2007, provides FY2007 appropriations for most L-HHS-ED activities. However, itdoes not specify the actual amount for most programs, projects, and activities.Rather, within limits, it allows agencies flexibility to make some adjustments to theFY2006 funding levels, and also provides additional funds to pay for 50% of themandatory salary increases for FY2007 (§111). The Office of Management andBudget (OMB) must report to the appropriations committees within 15 days ofenactment regarding the FY2007 amount for each appropriation account (§114);major agencies must report to the appropriations committees within 30 days ofenactment regarding the FY2007 amounts at the subaccount level (§113).

Prior to the enactment of P.L. 110-5, a series of three continuing resolutions,beginning with P.L. 109-289, was necessary because the regular L-HHS-EDappropriations were not enacted by the start of FY2007 on October 1, 2006. Underthese resolutions, the funding level for each activity was provided at a rate ofoperations not to exceed the “current rate” under FY2006 conditions and authority[§101(d)]. Only the most limited funding actions were authorized in order to providefor the continuation of projects and activities (§110). New initiatives were prohibited(§104). For programs with high spend-out rates that normally would occur early inthe fiscal year, special restrictions prohibited spending levels that would impinge onfinal FY2007 funding decisions (§109). For entitlements and other mandatoryactivities, obligations were allowed to be made for payments due during the durationof the resolutions [§114(b)]. The amounts that would have been provided by eitherthe House-reported or Senate-reported FY2007 L-HHS-ED appropriations —including recommendations for both program terminations and other funding changes— were excluded from the funding calculation under the continuing resolutionbecause the bills were not passed by either the House or the Senate by October 1,2006. For additional information, please see CRS Report RL30343, ContinuingAppropriations Acts: Brief Overview of Recent Practices, by Sandy Streeter.

! 1st Continuing Resolution, P.L. 109-289 (H.R. 5631), providedtemporary appropriations for the period October 1, 2006, throughNovember 17, 2006, as long as regular appropriations were notenacted sooner (§106 of Division B of P.L. 109-289). H.R. 5631was passed by the House on September 26 and by the Senate onSeptember 29, and signed into law by the President on September29, 2006, as P.L. 109-289.

! 2nd Continuing Resolution, P.L. 109-369 (H.J.Res. 100), extendedthe provisions of P.L. 109-289 through December 8, 2006. H.J.Res.100 was passed by the House and the Senate on November 15, and

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signed into law by the President on November 17, 2006, as P.L.109-369.

! 3rd Continuing Resolution, P.L. 109-383 (H.J.Res. 102), extendedthe provisions of P.L. 109-289 through February 15, 2007. H.J.Res.102 was passed by the House on December 8 and the Senate onDecember 9, and signed into law by the President on December 9,2006, as P.L. 109-383.

Major Discretionary Programs, FY2006-FY2007

Table 3 shows the L-HHS-ED discretionary programs with the highest fundinglevels in FY2006; nine programs accounted for at least 60% of all L-HHS-EDdiscretionary appropriations. Each of the programs shown in Table 3 received morethan $3.0 billion in FY2006, and the aggregate funding for this group was $89.3billion. As previously shown in Table 2, L-HHS-ED discretionary funding totaled$147.3 billion in FY2006. For FY2007, under the budget request and the House andSenate bills, as reported, and despite a significant reduction in FY2007 fundsproposed for Pandemic Influenza Preparedness, these nine programs still account forat least 60% of the discretionary appropriations for L-HHS-ED programs.

Table 3. Major Discretionary Programs, FY2006-FY2007(dollars in millions)

Major Program FY2006enacted

FY2007request

FY2007House

FY2007Senate

FY2007conf.

National Institutes of Health (NIH) $28,349 $28,350 $28,250 $28,551

Pell Grants 13,045 12,660 13,009 12,607

Title I Part A Education for theDisadvantaged, Grants to LEAs 12,713 12,713 12,713 12,713

IDEA Special Education, Part BGrants to States

10,583 10,683 10,733 10,583

Head Start 6,879 6,786 6,789 6,789

SSA Administrative Expenses 6,376 6,490 6,349 6,191

WIA, all programs 5,242 4,419 4,974 5,091

CMS Program Management 3,080 3,148 3,154 3,149

Pandemic Influenza Preparedness 3,082 79 79 79

Major L-HHS-ED subtotal 89,349 85,328 86,050 85,753

Other L-HHS-ED discretionary 57,974 53,017 56,321 57,163

L-HHS-ED discretionary total 147,323 138,345 142,371 142,916

Major programs as a % of total 60.6% 61.7% 60.4% 60.0%

Source: Amounts are based on the June 13, 2006, table of the House Committee on Appropriations,except Senate amounts are based on S.Rept. 109-287. FY2006 amounts reflect the 1% cut requiredby P.L. 109-148, as well as some FY2006 supplemental appropriations. However, FY2006 data donot yet reflect the $2.3 billion supplemental appropriation for pandemic influenza and additionalfunding in response to the 2005 Gulf Coast hurricanes from P.L. 109-234, enacted June 15, 2006.

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“Across-the-Board” Rescission for FY2006

Some of the FY2006 emergency appropriations for hurricane disaster assistanceand avian flu preparedness were offset by an “across-the-board” rescission. Section3801 of P.L. 109-148 required a 1% cut from most FY2006 discretionaryappropriations for each program, project, or activity. No federal agency wasexempted except for the Department of Veterans Affairs. Emergency FY2006appropriations were excluded from the rescission, as were advance appropriations forFY2007 and beyond. The House Committee on Appropriations estimated that thiscut would reduce total federal spending by approximately $8.5 billion.

Congress specified the process for the calculation of these reductions but did notspecify the actual amounts. The application of the reduction to individual accountsand line items was required to be undertaken by the Office of Management andBudget (OMB) and the individual agencies. Within 30 days of enactment, OMB wasrequired to report back to Committees on Appropriations specifying for each accountthe amount of reduction resulting from the 1% rescission. Please note that theFY2006 funding levels stated in P.L. 109-149 (and the related conference report,H.Rept. 109-337) are pre-reduction amounts, whereas the FY2006 funding levelsstated in the tables of this report are post-reduction amounts as determined by OMB.

302(a) and 302(b) Allocation Ceilings

The maximum budget authority for annual L-HHS-ED appropriations isdetermined through a two-stage congressional budget process. In the first stage,Congress establishes the 302(a) allocations — the maximum spending totals forCongress for a given fiscal year. This task is sometimes accomplished through theconcurrent resolution on the budget, where spending totals are specified through thestatement of managers in the conference report. In years when the House and Senatedo not reach a budget agreement, these totals may be set through leadershiparrangements in each chamber. The 302(a) allocations determine spending totals foreach of the various committees, as well as the total discretionary budget authorityavailable for enactment in annual appropriations through the House and SenateCommittees on Appropriations.

Congress has not yet reached agreement on the FY2007 budget resolution — theHouse passed H.Con.Res. 378 on May 18, 2006, and the Senate passed S.Con.Res.83 on March 16, 2006. The House resolution established a 302(a) discretionarybudget allocation of $872.8 billion; the Senate allocation was somewhat higher.However, §7035 of the Emergency Supplemental Appropriations Act for Defense,the Global War on Terror, and Hurricane Recovery, 2006, P.L. 109-234 (enactedJune 15, 2006), established $872.8 billion as the 302(a) amount for the SenateCommittee on Appropriations, the same as the House amount. For the purpose ofcomparison, the 302(a) discretionary allocation for FY2006, established through theconference agreement on H.Con.Res. 95 (H.Rept. 109-62), was $843.0 billion. Foradditional information, please see CRS Report RL33291, Congressional BudgetActions in 2006, by Bill Heniff Jr.

In the second stage of the annual congressional budget process, the House andSenate Committees on Appropriations separately establish the 302(b) allocations —

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the maximum discretionary budget authority available to each subcommittee for eachannual appropriations bill. The total of these allocations must not exceed the 302(a)discretionary total. This process creates the basis for enforcing discretionary budgetdiscipline, since any appropriations bill reported with a total above the ceiling issubject to a point of order. The 302(b) allocations can and often do get adjustedduring the year as the various appropriations bills progress toward final enactment.Table 4 shows the 302(b) discretionary allocations for the FY2007 L-HHS-EDappropriations determined by the House and Senate Committees on Appropriations.Comparable amounts for the FY2006 appropriations and the President’s FY2007budget request are also shown. Both the 302(a) and 302(b) allocations regularlybecome contested issues in their own right.

Table 4. FY2007 302(b) Discretionary Allocations(budget authority in billions of dollars)

FY2006comparable

FY2007request

comparable

FY2007House

allocation

FY2007Senate

allocation

FY2007enacted

comparable

$141.2 $137.8 $141.9 $142.8

Sources: The FY2007 House allocation is based on H.Rept. 109-488, June 6, 2006; the FY2007Senate allocation is based on S.Rept. 109-350, Sept. 26, 2006. The comparable amounts for FY2006budget authority and the FY2007 budget request are based on the June 13, 2006 table of the HouseCommittee on Appropriations.

Advance Appropriations

Advance appropriations occur when funds enacted in one fiscal year are notavailable for obligation until a subsequent fiscal year. For example, P.L. 109-149,which enacted FY2006 L-HHS-ED appropriations, provided $400 million for theCorporation for Public Broadcasting (CPB) for use in FY2008. Advanceappropriations may be used to meet several objectives. These might include theprovision of long-term budget information to recipients, such as state and localeducational systems, to enable better planning of future program activities andpersonnel levels. The more contentious aspect of advance appropriations, however,involves how they are counted in budget ceilings.

Advance appropriations avoid the 302(a) and 302(b) allocation ceilings for thecurrent year, but must be counted in the year in which they first become available forobligation. This procedure uses up ahead of time part of what will be counted againstthe allocation ceiling in future years. In FY2002, the President’s budget proposed theelimination of advance appropriations for federal discretionary programs, includingthose for L-HHS-ED programs. Congress rejected that proposal, and the proposalhas not been repeated. For an example of the impact of advance appropriations onprogram administration, see the discussion titled “Forward Funding and AdvanceAppropriations,” later in this report.

The FY1999 and FY2000 annual L-HHS-ED appropriations bills providedsignificant increases in advance appropriations for discretionary programs.Following FY2000, advanced appropriations generally have been provided at $19.3

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billion, with the exception of $21.5 billion in FY2003. At $19.3 billion, advanceappropriations accounted for 13.7% of the L-HHS-ED current year discretionary totalof $141.2 billion in FY2006. For FY2007, the President requested $18.9 billion inadvance appropriations for L-HHS-ED; the House and Senate bills, as reported,would each provide $19.3 billion.

From FY1998 to the present, advance appropriations included in L-HHS-EDbills have been as follows:

! FY1998, $4.0 billion;! FY1999, $8.9 billion;! FY2000, $19.0 billion;! FY2001, $18.8 billion;! FY2002, $19.3 billion;! FY2003, $21.5 billion;! FY2004, $19.3 billion;! FY2005, $19.3 billion; ! FY2006, $19.3 billion;! FY2007, President’s budget request, $18.9 billion;! FY2007, House bill, as reported, $19.3 billion; and! FY2007, Senate bill, as reported, $19.3 billion.

Major Funding Trends

The L-HHS-ED appropriations bills include both mandatory and discretionaryfunds; however, the Appropriations Committees fully control only the discretionaryfunds. Mandatory funding levels for programs included in the annual appropriationsbills are modified through changes in the authorizing legislation. Typically, thesechanges are accomplished through authorizing committees by means of reconciliationlegislation, and not through appropriations committees in annual appropriations bills.

Table 5 shows the trend in discretionary budget authority enacted in theL-HHS-ED appropriations for FY2002 through FY2006. During the past five years,L-HHS-ED discretionary funds have grown from $127.2 billion in FY2002 to anestimated $147.2 billion in FY2006, an increase of $20.0 billion, or 15.7%. Duringthis same period — and using the Gross Domestic Product (GDP) deflator to adjustfor inflation — L-HHS-ED discretionary funds in estimated FY2006 dollars havegrown from $139.9 billion in FY2002 to $147.2 billion in FY2006, an increase of$7.3 billion in estimated FY2006 dollars, or 5.2%. L-HHS-ED discretionary fundsas a percent of total federal discretionary funds decreased from a 17.3% share inFY2002 to an estimated 14.9% share in FY2006. L-HHS-ED discretionary funds asa percent of total federal budget authority decreased slightly from a 6.1% share inFY2002 to an estimated 5.3% share in FY2006.

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Table 5. Discretionary Funding Trends, FY2002-FY2006(budget authority in billions of dollars)

Type of funds FY2002 FY2003 FY2004 FY2005 FY2006estimate

(a)

L-HHS-ED discretionary $127.2 $132.4 $139.7 $143.4 $147.2

L-HHS-ED discretionary inestimated FY2006 dollars

$139.9 $142.8 $147.2 $147.0 $147.2

L-HHS-ED % of total federaldiscretionary funds (b) 17.3% 15.6% 15.4% 14.6% 14.9%

L-HHS-ED % of total federalbudget authority (bothdiscretionary and non-discretionary)

6.1% 5.8% 5.8% 5.6% 5.3%

Total federal discretionaryfunds $734.8 $849.5 $907.6 $984.9 $989.8

Total federal budget authority(both discretionary and non-discretionary)

$2,090.3 $2,266.3 $2,408.3 $2,582.9 $2,757.8

GDP deflator 1.0432 1.0638 1.0893 1.1193 1.147.5

Sources: Federal totals and the GDP deflator are based on the Budget of the United StatesGovernment, Historical Tables, Fiscal Year 2007, Tables 5.2, 5.4, and 10.1. L-HHS-ED totals fordiscretionary budget authority are based on annual conference reports for L-HHS-ED appropriations,and therefore may not be completely comparable from year to year.

a. FY2006 estimates for federal budget authority, both total and discretionary, are based on amountspublished in the FY2007 budget request of Feb. 6, 2006. Estimates exclude supplementals andrescissions enacted after that date, as well as re-estimates and scorekeeping adjustments.

b. Discretionary funds include both defense and non-defense activities.

Earmarks for Specific Projects

Earmarking of funds for specific projects in appropriations bills has become atopic of contention for Congress and the Administration, and the issue extends toL-HHS-ED projects. In the case of L-HHS-ED appropriations, earmarks may bedefined as funds set aside within an account for a specific organization or location,either in the appropriation act or its conference report. Typically, the authorizingstatute gives the general purpose for use of appropriations, such as “projects for theimprovement of postsecondary education,” but an earmark designates a specificamount for a specific recipient. Such designations bypass the usual competitivedistribution of awards by a federal agency, but otherwise require recipients to followstandard federal financial and other administrative procedures. The President hasurged the elimination of congressional earmarks in appropriations in recent years,but, with the possible exception of FY2006 L-HHS-ED appropriations, Congressgenerally has continued the practice.

Earmarks in L-HHS-ED appropriations generally have increased during the pastdecade, along with the total appropriation for L-HHS-ED programs. However, amajor change in direction occurred in FY2006. Virtually all earmarks wereeliminated from the FY2006 L-HHS-ED bill; in general, funding previously

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associated with L-HHS-ED earmarks was eliminated as well. In particular, therewere estimated to be more than 3,000 in FY2005, totaling nearly $1.2 billion; forFY2006, the estimate was eight earmarks for $28.5 million. Table 6 shows the totalannual L-HHS-ED appropriation, the estimated amount earmarked, the earmarkedamount as a percent of the total, and the estimated number of earmarks.

Table 6. Estimated Earmarks, Selected Years, FY1996-FY2006($ in millions)

Fiscal year Totalappropriation

Estimatedvalue of

earmarks

Earmarks as %of total

appropriation

Estimatednumber ofearmarks

2006 $601,643 $28.5 (a) 8

2005 501,346 1,179.5 0.24% 3,014

2004 479,818 875.5 0.18% 2,036

2002 411,822 1,018.7 0.25% 1,606

2000 328,230 461.0 0.14% 491

1998 276,890 54.4 0.02% 25

1996 265,533 14.9 0.01% 7

Sources: The annual L-HHS-ED bills and conference reports upon which the above numbers arebased were as follows: for FY2006, P.L. 109-149 (H.Rept. 109-337); for FY2005, P.L. 108-447(H.Rept. 108-792); for FY2004, P.L. 108-199 (H.Rept. 108-401); for FY2002, P.L. 107-116 (H.Rept.107-342); for FY2000, P.L. 106-113 (H.Rept. 106-479); for FY1998, P.L. 105-78 (H.Rept. 105-390);and for FY1996, P.L. 104-134 (H.Rept. 104-537).

a. The FY2006 percentage of the total appropriation was less than 0.005%.

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Department of Labor

FY2006 discretionary appropriations for the Department of Labor (DOL) were$11.7 billion. For FY2007, the budget request was $11.0 billion, $0.7 billion (6.0%)less than the FY2006 amount, as shown in Table 7. As reported, the House billwould provide $11.5 billion, and, as reported, the Senate bill would provide $11.6billion.

Table 7. Department of Labor Discretionary Appropriations($ in billions)

Funding FY2006enacted

FY2007request

FY2007House

FY2007Senate

FY2007final

Appropriations $11.7 $11.0 $11.5 $11.6

Source: Amounts are based on the June 13, 2006, table of the House Committee on Appropriations,except Senate amounts are based on S.Rept. 109-287. FY2006 amounts reflect the 1% cut requiredby P.L. 109-148; however, they do not yet include all FY2006 supplemental appropriations. Amountsrepresent discretionary programs funded by L-HHS-ED appropriations; funds for mandatory programsare excluded.

Mandatory DOL programs included in the L-HHS-ED bill were funded at $3.1billion in FY2006, and consist of the Black Lung Disability Trust Fund ($1.1 billion),Federal Unemployment Benefits and Allowances ($966 million), Advances to theUnemployment Insurance and Other Trust Funds ($465 million), Special Benefits forDisabled Coal Miners ($306 million), Employment Standards Administration (ESA)Special Benefits ($237 million), and Energy Employees Occupational IllnessCompensation Fund ($96 million).

Key Issues

President’s Request. The President’s FY2007 budget request for DOLproposed changes in funding for a number of activities. Proposed discretionarychanges of at least $100 million compared to FY2006 appropriations were as follows.The FY2006 amounts include $125 million of supplemental funding provided by P.L.109-148 for National Reserve activities of the Workforce Investment Act of 1998(WIA), to remain available for obligation through June 30, 2006.

! WIA programs, funded in the aggregate at $5.2 billion in FY2006,would be decreased by $822 million under the President’s FY2007budget request.

! WIA Adult Training, funded at $864 million in FY2006, would bereduced by $152 million.

! WIA Youth Training, funded at $940 million in FY2006, would bereduced by $100 million.

! The WIA Dislocated Worker Assistance programs, funded at $1.6billion in FY2006, would be decreased by $483 million in FY2007,including a decrease of $315 million for state grants.

! Unemployment Compensation, funded at $2.5 billion in FY2006,would be increased by $142 million.

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House Bill. For DOL programs, the House bill, as reported, differs by at least$100 million from the President’s budget request for some of the WIA programs, asfollows.

! WIA programs in aggregate would be provided $5.0 billion underthe House bill, $555 million more than requested; $5.2 billion wasprovided in FY2006.

! WIA Adult Training would receive $854 million, $142 million morethan requested; $864 million was provided in FY2006.

! WIA Dislocated Worker Assistance would receive $1.5 billion, $362million more than requested; $1.6 billion was provided in FY2006.Dislocated Worker Assistance State Grants would receive $1.2billion, $318 million more than requested; $1.2 billion was providedin FY2006.

! A rescission of $325 million of prior-year appropriations for WIAand other programs under the Training and Employment Services(TES) account would be made during FY2007 under the House bill,as reported; no request was made for a rescission.

During consideration of the FY2007 L-HHS-ED bill by the House Committee onAppropriations, an amendment by Representative Steny Hoyer was offered andapproved to increase in steps the minimum wage from the current amount of $5.15per hour to $7.25 per hour by January 1, 2009. The amendment may be subject to apoint of order when the bill is considered on the House floor. The EmploymentStandards Administration (ESA) of DOL enforces the minimum wage provision.

Senate Bill. As reported, the Senate bill differs from the House bill by at least$100 million for several DOL programs.

! No rescission of prior-year appropriations for WIA or other TESactivities would be made under the Senate bill; the House bill wouldhave rescinded $325 million of such funds. No request was madefor such a rescission, and no equivalent rescission was made inFY2006.

! Unemployment Compensation would be funded at $2.55 billion,$103 million less than the House amount of $2.65 billion; therequest was $2.65 billion; and $2.51 billion was provided inFY2006.

The Senate bill, as reported, would not modify current minimum wage provisions.

CRS Products

CRS Report RL33401, The Fair Labor Standards Act: Minimum Wage in the 109thCongress, by William G. Whittaker.

CRS Report RL33362, Unemployment Insurance: Available Unemployment Benefitsand Legislative Activity, by Julie M. Whittaker.

CRS Report RL33687, The Workforce Investment Act (WIA): Program-by-ProgramOverview and FY2007 Funding of Title I Training Programs, by Blake AlanNaughton and Ann Lordeman.

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Websites

Department of Labor

[http://www.dol.gov][http://www.dol.gov/_sec/Budget2007/overview.htm][http://www.doleta.gov/budget/07bud.cfm]

Detailed Appropriations Table

Table 8 shows the appropriations details for offices and major programs ofDOL.

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Table 8. Detailed Department of Labor Appropriations($ in millions)

Office or major program FY2006enacted

FY2007request

FY2007House

FY2007Senate

FY2007final

Total Workforce Investment Act,Title I (WIA) (non-add)

$5,242 $4,419 $4,974 $5,091

Employment and Training Administration (ETA)

Training and Employment Services(TES), WIA Adult Training Grantsto States

864 712 854 800

WIA Youth Training 940 840 936 936

WIA Dislocated Worker Assistance(DWA)

1,597 1,114 1,476 1,476

DWA State Grants (non-add) 1,190 875 1,193 1,193

DWA National Reserve CommunityCollege set aside (non-add) (a)

125 0 125 125

DWA National Reserve, other (non-add) (a, b)

282 239 158 158

WIA Migrant and SeasonalFarmworkers 79 0 80 80

WIA Job Corps 1,593 1,502 1,523 1,630

WIA Community College(Community-Based Job Training)(a)

0 150 0 0

WIA Community College, indirectfunding from DWA NationalReserve (see above, non-add) (a)

125 0 125 125

WIA Community College, programlevel (non-add) (a)

125 150 125 125

TES rescission from prior-yearappropriations (non-add)

0 0 -325 0

Other WIA and TES Activities 169 94 98 168

TES subtotal 5,242 4,412 4,967 5,090

Community Service Employmentfor Older Americans

432 432 420 432

Federal Unemployment Benefitsand Allowances (mandatory) 966 939 939 939

State Unemployment Insurance andEmployment Service Operations(SUI/ESO) UnemploymentCompensation

2,508 2,650 2,650 2,547

SUI/ESO Employment Service 749 722 722 722

SUI/ESO Employment Service StateGrants (non-add)

716 689 689 689

SUI/ESO One-Stop Career Centers 82 64 40 63

SUI/ESO Work Incentives Grants 20 0 0 20

SUI/ESO subtotal 3,359 3,436 3,412 3,352

Advances to Unemployment TrustFund and other funds (mandatory)

465 452 452 452

New York State UninsuredEmployers Fund 50 0 0 0

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FY2007request

FY2007House

FY2007Senate

FY2007final

ETA Program Administration 169 212 212 185

ETA subtotal 10,683 9,883 10,402 10,450

Employee Benefits SecurityAdministration

134 144 144 144

Pension Benefit GuarantyCorporation (PBGC) Administration 0 0 0 0

PBGC program level (non-add) 297 398 398 398

Employment Standards Administration (ESA)

ESA Salaries and Expenses 411 437 418 435

ESA Special Benefits (mandatory) 237 230 230 230

ESA Special Benefits for DisabledCoal Miners (mandatory)

306 297 297 297

ESA Energy EmployeesOccupational Illness CompensationFund (mandatory)

96 102 102 102

ESA Black Lung Disability TrustFund (mandatory) 1,068 1,071 1,071 1,071

ESA subtotal 2,118 2,137 2,118 2,135

Occupational Safety and HealthAdministration (OSHA)

472 484 486 491

Mine Safety and HealthAdministration (MSHA) 278 288 279 302

Bureau of Labor Statistics 537 563 565 563

Office of Disability EmploymentPolicy

28 20 20 28

Departmental Management

International Labor Affairs 73 12 12 73

Veterans Employment and Training 222 225 224 225

Departmental Management, other 296 304 299 297

Departmental Management subtotal 591 541 535 595

Working Capital Fund 6 14 0 0

TOTALS, DEPARTMENT OF LABORTotal appropriations (c) 14,848 14,074 14,549 14,707

Current year funding 12,311 11,543 12,068 12,176

One-year advance funding 2,537 2,531 2,481 2,531

Source: Amounts are based on the June 13, 2006, table of the House Committee on Appropriations,except Senate amounts are based on S.Rept. 109-287. FY2006 amounts reflect the 1% cut requiredby P.L. 109-148; however, they do not yet include all FY2006 as supplemental appropriations.

a. Funding for the WIA Community College (Community-Based Job Training) is provided throughtwo line items: (1) directly through the WIA Community College line item; and (2) indirectlythrough the WIA Dislocated Worker Assistance National Reserve. The “program level”amounts in this table combine the two sources to show the total available for the program.

b. The FY2006 amount includes $125 million of supplemental funding provided by P.L. 109-148, toremain available through June 30, 2006; however, these additional funds are categorized byDOL as a part of its FY2005 appropriation.

c. Appropriations totals include discretionary and mandatory funds, and may be subject to additionalscorekeeping and other adjustments.

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Department of Health and Human Services

FY2006 discretionary appropriations for the Department of Health and HumanServices (HHS) were $66.7 billion. For FY2007, the budget request was $61.8billion, $4.9 billion (7.3%) less than the FY2006 amount, as shown in Table 9. Asreported, the House bill would provide $63.7 billion, and, as reported, the Senate billwould provide $64.2 billion.

Table 9. Department of Health and Human ServicesDiscretionary Appropriations

($ in billions)


FY2007request

FY2007House

FY2007Senate

FY2007final

Appropriations $66.7 $61.8 $63.7 $64.2

Source: Amounts are based on the June 13, 2006, table of the House Committee on Appropriations,except Senate amounts are based on S.Rept. 109-287. FY2006 amounts reflect the 1% cut requiredby P.L. 109-148; however, they do not yet include all FY2006 supplemental appropriations.Specifically, FY2006 data do not yet reflect the $2.3 billion supplemental appropriation for pandemicinfluenza from P.L. 109-234, enacted June 15, 2006. Amounts represent discretionary programsfunded by L-HHS-ED appropriations; funds for mandatory programs are excluded, as are funds forthe Food and Drug Administration (FDA) and the Indian Health Service (IHS), both of which areadministered by HHS but funded through other appropriations bills.

Mandatory HHS programs included in the L-HHS-ED bill were funded at$411.6 billion in FY2006, and consist primarily of Medicaid Grants to States ($219.7billion), Payments to Medicare Trust Funds ($178.6 billion, including both Part BSupplementary Medical Insurance and Part D Prescription Drugs), Foster Care andAdoption ($6.7 billion), Family Support Payments to States ($4.1 billion), and theSocial Services Block Grant ($1.7 billion).

Key Issues

President’s Request. The President’s FY2007 budget request for HHSproposed increased support for community health centers and a fraud controlinitiative for the administration of Medicare and Medicaid. At the same time, itproposed funding reductions for health resources and services overall, disease controland prevention, substance abuse and prevention, programs for children and families,and services for the aging. Requests for major changes are indicated below.

Discretionary spending changes of at least $100 million were requested in thePresident’s FY2007 budget request for several HHS programs, as follows.

! Community Health Centers, funded at $1.8 billion in FY2006,would be increased by $181 million under the President’s budgetrequest.

! Health Professions programs other than those for nursing, funded at$145 million in FY2006, would be decreased by $136 million.

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! Children’s Hospital Graduate Medical Education (CHGME), fundedat $297 million in FY2006, would be reduced by $198 million.

! Buildings and Facilities at the Centers for Disease Control andPrevention (CDC), funded at $158 million in FY2006, would bereduced by $128 million.

! A Fraud and Abuse Control initiative at the Centers for Medicareand Medicaid Services (CMS) would be funded at $118 million.

! The Low-Income Home Energy Assistance Program (LIHEAP),funded at $2.2 billion in FY2006, would be decreased by $379million. An additional $1.0 billion was made available to LIHEAPfor FY2006 by P.L. 109-171, as amended by P.L. 109-204.

! Social Services Block Grant (SSBG) discretionary activities, fundedat $550 million in FY2006, would be eliminated.

! The Community Services Block Grant (CSBG), funded at $630million in FY2006, would be eliminated.

! Pandemic Influenza Preparedness was funded through twosupplemental FY2006 appropriations — $3.1 billion from P.L. 109-148 and $2.3 billion from P.L. 109-234; it would receive $79 millionunder the request.

House Bill. For HHS programs, the House bill, as reported, differs by at least$100 million from the President’s budget request, as follows.

! Health Professions other than nursing would receive $163 millionunder the House bill, as reported, $154 million more than requested;$145 million was provided in FY2006.

! The CHGME would receive $300 million, $201 million more thanrequested; $297 million was provided in FY2006.

! Health Care-Related Facilities and Activities would receive $248million; no funds were requested and none were provided inFY2006.

! The Preventive Health and Health Services Block Grant (PHBG)would receive $100 million. No funds were requested; $99 millionwas provided in FY2006.

! The National Institutes of Health (NIH) would receive $28.25billion, $100 million less than requested; $28.35 billion wasprovided in FY2006.

! The CMS Fraud and Abuse Control initiative would not be funded;$118 million was requested.

! LIHEAP would receive $2.1 billion, $329 million more thanrequested; $2.2 billion was provided in FY2006. An additional $1.0billion was made available to LIHEAP for FY2006 by P.L. 109-171,as amended by P.L. 109-204.

! The CSBG would be funded at $449 million. No funds wererequested; $630 million was provided in FY2006.

Senate Bill. As reported, the Senate bill differs from the House bill by at least$100 million for several HHS programs.

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! The CHGME would be funded at $200 million, $100 million lessthan the House amount of $300 million; $99 million was requested;and $297 million was provided in FY2006.

! The CDC Infectious Diseases would be funded at $1.71 billion, $116million less than the House amount of $1.83 billion; $1.77 billionwas requested; and $1.68 billion was provided in FY2006.

! The NIH would receive $28.55 billion, $301 million more than theHouse amount of $28.25 billion; $28.35 billion was requested, thesame as was provided in FY2006.

! The CSBG would receive $630 million, $181 million less than theHouse amount of $449 million; no funds were requested; and $630million was provided in FY2006.

Abortion: Funding Restrictions. Annual L-HHS-ED appropriationsregularly contain restrictions that limit — for one year at a time — the circumstancesunder which federal funds can be used to pay for abortions. Restrictions onappropriated funds, popularly referred to as the “Hyde Amendments,” generally applyto all L-HHS-ED funds. Medicaid is the largest program affected. Given theperennial volatility of this issue, these provisions may be revisited at any time duringthe annual consideration of L-HHS-ED appropriations. From FY1977 to FY1993,abortions could be funded only when the life of the mother was endangered. The103rd Congress modified the provisions to permit federal funding of abortions incases of rape or incest. The FY1998 L-HHS-ED appropriations, P.L. 105-78,extended the Hyde provisions to prohibit the use of federal funds to buy managedcare packages that include abortion coverage, except in the cases of rape, incest, orlife endangerment. The FY1999 L-HHS-ED appropriations, P.L. 105-277, continuedthe FY1998 Hyde Amendments with two added provisions: (1) a clarification toensure that the restrictions apply to all trust fund programs (namely, Medicare), and(2) an assurance that Medicare + Choice plans cannot require the provision ofabortion services. No changes were made from FY2000 through FY2004.

The FY2005 L-HHS-ED appropriations, P.L. 108-447 (H.Rept. 108-792, p.1271), added a restriction, popularly referred to as the “Weldon Amendment,” thatprevents federal programs or state or local governments that receive L-HHS-EDfunds from discriminating against health care entities that do not provide or pay forabortions or abortion services. The FY2006 L-HHS-ED appropriations retained theWeldon amendment language and the Hyde restrictions. These provisions can befound in §507 and §508 of P.L. 109-149. For additional information, please see CRSReport RL33467, Abortion: Legislative Response, by Karen J. Lewis and Jon O.Shimabukuro.

Embryonic Stem Cell Research: Funding Restrictions. On August 9,2001, President Bush announced a decision to use federal funds for research onhuman embryonic stem cells for the first time, but limited the funding to “existingstem cell lines.” Embryonic stem cells have the ability to develop into virtually anycell in the body, and have the potential to treat medical conditions such as diabetesand Parkinson’s disease. In response to the President’s announcement, the NIHdeveloped a registry of 78 embryonic stem cell lines eligible for use in federallyfunded research. However, many of these lines were found to be unavailable orunsuitable for research; only 22 of the 78 eligible stem cell lines are currently

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available for general research purposes. Some scientists are concerned about thequality, longevity, and availability of eligible stem cell lines. Many believe that theadvancement of research requires new stem cell lines, possibly including stem cellsderived from cloned embryos. The use of stem cells, however, raises ethical issuesregarding embryo and fetal tissue research because the embryos are destroyed inorder to obtain the cells. Given its potential volatility, the issue may be revisited atany time during the annual consideration of L-HHS-ED appropriations.

An FY1996 appropriations continuing resolution, P.L. 104-99 (§128), prohibitedNIH funds from being used for the creation of human embryos for research purposesor for research in which human embryos are destroyed. Since FY1997, annualappropriations acts have extended the prohibition to all L-HHS-ED funds, with theNIH as the agency primarily affected. The restriction, originally introduced byRepresentative Jay Dickey, has not changed significantly since it was first enacted,and the FY2006 L-HHS-ED appropriations continued the restrictions withoutsignificant change. The current provision can be found in §509 of P.L. 109-149. Foradditional information, please see CRS Report RL33540, Stem Cell Research:Federal Research Funding and Oversight, by Judith A. Johnson and Erin D.Williams; and CRS Report RL31358, Human Cloning, by Judith A. Johnson andErin D. Williams.

CRS Products

CRS Report RL33467, Abortion: Legislative Response, by Karen J. Lewis and JonO. Shimabukuro.

CRS Report RL30731, AIDS Funding for Federal Government Programs:FY1981-FY2007, by Judith A. Johnson.

CRS Report RL33279, AIDS: the Ryan White CARE Act, by Judith A. Johnson andPaulette C. Morgan.

CRS Report RS21044, Background and Legal Issues Related to Stem Cell Research,by Jon O. Shimabukuro.

CRS Report RL30785, The Child Care and Development Block Grant: Backgroundand Funding, by Melinda Gish.

CRS Report RL32872, Community Services Block Grants (CSBG): Funding andReauthorization, by Karen Spar and Garrine P. Laney.

CRS Report RL33345, Federal Research and Development Funding: FY2007, byMichael E. Davey, et al.

CRS Report RL30952, Head Start: Background and Issues, by Melinda Gish.CRS Report RL31358, Human Cloning, by Judith A. Johnson and Erin D. Williams.CRS Report RL31865, The Low-Income Home Energy Assistance Program

(LIHEAP): Program and Funding, by Libby Perl.CRS Report RL33695, The National Institutes of Health (NIH): Organization,

Funding, and Congressional Issues, by Pamela W. Smith.CRS Report RL33354, The Promoting Safe and Stable Families Program:

Reauthorization in the 109th Congress, by Emilie Stoltzfus.CRS Report RL31940, Public Health Service Operating Agencies, by Janet Kinzer.CRS Report 94-953, Social Services Block Grant (Title XX of the Social Security

Act), by Melinda Gish.CRS Report RL33540, Stem Cell Research: Federal Research Funding and

Oversight, by Judith A. Johnson and Erin D. Williams.

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Websites

Department of Health and Human Services

[http://www.hhs.gov][http://www.hhs.gov/budget/docbudget.htm]


Table 10 shows the appropriations details for offices and major programs ofHHS.

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Table 10. Detailed Department of Health and Human Services Appropriations

($ in millions)


FY2007request

FY2007House

FY2007Senate

FY2007final

Public Health Service (PHS)

Health Resources and Services Administration (HRSA)

Community Health Centers $1,782 $1,963 $1,988 $1,926

Health Professions, Nursing 150 150 150 150

Health Professions, other 145 9 163 154

Children’s Hospital Graduate MedicalEducation

297 99 300 200

Maternal and Child Health BlockGrant 693 693 700 693

Ryan White AIDS Programs 2,038 2,133 2,108 2,114

Family Planning (Title X) 283 283 283 283

Health Care-Related Facilities andActivities

0 0 248 260

Bioterrorism Hospital Grants 495 487 487 487

Vaccine Injury Compensation TrustFund (mandatory) 61 63 63 63

HRSA, other 687 498 630 707

HRSA subtotal 6,631 6,378 7,120 7,037

Centers for Disease Control andPrevention (CDC) Infectious Diseases

1,680 1,773 1,829 1,713

Terrorism Preparedness and Response 1,632 1,657 1,605 1,578

Preventive Health and Health ServicesBlock Grant (PHBG) 99 0 100 100

CDC Buildings and Facilities 158 30 30 100

CDC, other 2,532 2,374 2,510 2,605

CDC subtotal (a) 6,101 5,834 6,074 6,096

National Institutes of Health (NIH) (a) 28,349 28,350 28,250 28,551

Substance Abuse and Mental HealthServices Administration (SAMHSA)Mental Health Block Grant

407 407 407 407

Substance Abuse Block Grant 1,679 1,679 1,755 1,709

SAMHSA, other 1,119 1,048 1,055 1,095

SAMHSA subtotal 3,205 3,134 3,217 3,211

Agency for Healthcare Research andQuality (AHRQ)

0 0 319 319

AHRQ program level (non-add) 319 319 319 319

PHS subtotal 44,286 43,696 44,980 45,214

Centers for Medicare and Medicaid Services (CMS)

Medicaid Grants to States (mandatory) 219,738 203,330 203,330 203,330

Medicare Trust Funds (mandatory) 178,647 197,136 197,017 197,017

CMS Program Management 3,080 3,148 3,154 3,149

Fraud and Abuse Control initiative 0 118 0 0

CMS subtotal 401,465 403,732 403,501 403,496

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FY2007request

FY2007House

FY2007Senate

FY2007final

Administration for Children and Families (ACF)

Family Support Payments (mandatory) 4,118 3,915 3,915 3,915

Low Income Home Energy AssistanceProgram (LIHEAP) (b)

2,161 1,782 2,111 2,161

Refugee and Entrant Assistance 570 615 604 600

Child Care and Development BlockGrant (CCDBG) 2,062 2,062 2,062 2,062

Social Services Block Grant (SSBG)(Title XX) (mandatory)

1,700 1,700 1,700 1,700

SSBG (discretionary) 550 0 0 0

Head Start 6,879 6,786 6,789 6,789

Child Welfare Services 287 287 287 287

Developmental Disabilities 171 171 171 173

Community Services Block Grant 630 0 449 630

Battered Women’s Shelters 125 125 125 125

Abstinence Education 109 137 109 109

Children and Family Services, other 736 733 723 743

Promoting Safe and Stable Families(PSSF) (mandatory) 305 345 345 345

PSSF (discretionary) 89 89 89 75

Foster Care and Adoption Assistance(mandatory)

6,671 7,021 7,021 7,021

ACF subtotal 27,163 25,768 26,500 26,735

Administration on Aging (AOA) 1,363 1,335 1,390 1,381

Office of the Secretary

Medical Benefits, CommissionedOfficers (mandatory) 329 342 342 342

Pandemic Influenza Preparedness (c) 3,082 79 79 79

Office of the Secretary, other 593 692 679 671

Office of the Secretary subtotal 4,004 1,113 1,100 1,092

TOTALS, DEPARTMENT OF HEALTH AND HUMAN SERVICESTotal appropriations (d) 478,282 475,644 477,471 477,918



Source: Amounts are based on the June 13, 2006, table of the House Committee on Appropriations,except Senate amounts are based on S.Rept. 109-287. FY2006 amounts reflect the 1% cut requiredby P.L. 109-148; however, they do not yet include all FY2006 supplemental appropriations.

a. Two HHS programs also received FY2006 funds from Interior-Environment appropriations — $75million for CDC and $79 million for NIH; neither amount is included in this table.

b. For FY2006, an additional $1.0 billion was made available for LIHEAP under P.L. 109-171, asamended by P.L. 109-204 (not yet included in table).

c. Two FY2006 supplemental appropriations provided funds for pandemic influenza: $3.1 billionfrom P.L. 109-148 (included in table) and $2.3 billion from P.L. 109-234 (not yet included).

d. Appropriations totals include discretionary and mandatory funds, and may be subject to additionalscorekeeping and other adjustments. Two HHS agencies were funded through otherappropriations in FY2006: the Food and Drug Administration (FDA) in Agricultureappropriations ($1.5 billion), and the Indian Health Service (IHS) in Interior-Environmentappropriations ($3.0 billion); neither agency is included in this table.

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Department of Education

FY2006 discretionary appropriations for the Department of Education (ED)were $57.6 billion. For FY2007, the budget request was $54.3 billion, $3.3 billion(5.7%) less than the FY2006 amount, as shown in Table 11. As reported, the Housebill would provide $56.1 billion, and, as reported, the Senate bill would provide$55.8 billion.

Table 11. Department of Education Discretionary Appropriations

($ in billions)


FY2007request

FY2007House

FY2007Senate

FY2007final

Appropriations $57.6 $54.3 $56.1 $55.8


A single mandatory ED program is included in the FY2007 L-HHS-ED bill; theVocational Rehabilitation State Grants program was funded at $2.7 billion inFY2006. A one-time, mandatory appropriation of $4.3 billion was included in theFY2006 L-HHS-ED bill for the elimination of the Pell Grants shortfall.

Key Issues

President’s Request. Increasing federal support for education has been apriority of both Congress and the White House in recent years. Under the FY2007budget request, funding for several programs would be increased, and ten neweducation programs were proposed. However, the President’s request wouldeliminate the funding for 42 existing programs and reduce the total discretionaryfunding for ED programs in FY2007.

The President’s FY2007 budget request proposed changes of at least $100million for ED programs, as follows.

! Elementary and Secondary Education Act of 1965 (ESEA)programs, funded in aggregate at $23.3 billion in FY2006, would beincreased by $1.1 billion in the President’s FY2007 budget request — see discussion below on the issue of whether there is an ESEAfunding shortfall.

! Five K-12 education initiatives of at least $100 million wereproposed by the President: $200 million for School ImprovementGrants; $125 million for Math Now, Elementary; $125 million forMath Now, Middle School; $1.5 billion for High School Reform;and $100 million for America’s Opportunity Scholarships.

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! Educational Technology State Grants, funded at $272 million inFY2006, would be eliminated.

! Safe and Drug-Free Schools State Grants, funded at $347 million inFY2006, would be eliminated.

! The Special Education Part B Grants to States program under theIndividuals with Disabilities Education Act (IDEA), funded at $10.6billion in FY2006, would be increased by $100 million — seediscussion below on the issue of whether there is an IDEA fundingshortfall.

! The Perkins Vocational Education program, funded at $1.3 billionin FY2006, would be terminated.

! The Pell Grants program, funded at $13.0 billion in FY2006, wouldbe reduced by $385 million. The one-time, mandatory appropriationof $4.3 billion in FY2006 to eliminate the Pell Grants shortfallwould not be repeated under the FY2007 request.

! For Perkins Loan Assets, the budget proposes the recall of thefederal portion of loan repayments otherwise made during FY2007to revolving funds held by participating institutions of highereducation (IHEs), thereby creating a one-time, negativeappropriation or offset of $664 million.

! Student Aid Administrative Costs, funded at $119 million inFY2006, would be increased by $615 million ($600 million of whichwas previously classified as mandatory funds); the proposed fundingincrease was made in response to the requirements and provisions ofP.L. 109-171, the Deficit Reduction Act of 2005.

! TRIO programs, funded at $828 million in FY2006, would bereduced by $448 million.

! GEAR UP, funded at $303 million in FY2006, would be eliminated.! Hurricane Recovery programs in education, enacted in response to

the 2005 Gulf Coast hurricanes, were funded at $1.9 billion inFY2006, including $1.6 billion through P.L. 109-149 (enactedDecember 30, 2005) and $285 million through P.L. 109-234(enacted June 15, 2006, P.L. 109-234 amounts have not yet beenincluded in House Committee tables); no additional funds wererequested for FY2007.

House Bill. For ED programs, the House bill, as reported, differs by at least$100 million from the President’s budget request, as follows.

! ESEA programs in aggregate would receive $22.8 billion, $1.6billion less than requested; $23.3 billion was provided in FY2006.

! Of the President’s five major education initiatives, the SchoolImprovement Grants would receive $200 million, as requested. Nofunds would be provided for Math Now, Elementary ($125 millionrequested); Math Now, Middle School ($125 million); High SchoolReform ($1.5 billion); and America’s Opportunity Scholarships($100 million).

! Teacher Quality State Grants would receive $2.6 billion, $300million less than requested; $2.9 billion was provided in FY2006.

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! Safe and Drug-Free Schools State Grants would receive $310million, a decrease from the $347 million provided in FY2006; nofunds were requested.

! Perkins Vocational Education would receive $1.3 billion, the sameas in FY2006; no funds were requested.

! Pell Grants would receive $13.0 billion, $349 million more thanrequested; $13.0 billion was provided in FY2006. The Pell Grantmaximum award would be increased by $100 to $4,150.

! Perkins Loan Assets would not be recalled; the President proposedan offset of $664 million.

! TRIO programs would receive $828 million, $448 million more thanrequested; $828 million was provided in FY2006.

! GEAR UP would receive $303 million, the same as in FY2006; nofunds were requested.

Senate Bill. As reported, the Senate bill differs from the House bill by at least$100 million for several ED programs.

! ESEA programs in aggregate would receive $23.0 billion, $116million more than the House amount of $22.8 billion; $24.4 billionwas requested; and $23.3 billion was provided in FY2006.

! The School Improvement Grants Initiative would be funded at $100million, $100 million less than the House amount of $200 million;the request was for $200 million as well.

! Teacher Quality State Grants would receive $2.7 billion, $160million more than the House amount of $2.6 billion; $2.9 billion wasrequested, the same as was provided in FY2006.

! The Innovative Education Block Grant would receive no funds; theHouse bill would provide $150 million; and $99 million wasrequested, the same as was provided in FY2006.

! Educational Technology State Grants would be funded at $272million; the House bill would provide no funds; no funds wererequested; and $272 million was provided in FY2006.

! The IDEA Part B Grants to States would receive $10.6 billion, $150million less than the House amount of $10.7 billion; $10.7 billionwas requested; and $10.6 billion was provided in FY2006.

! Pell Grants would receive $12.6 billion, $402 million less than theHouse amount of $13.0 billion; $12.7 billion was requested; and$13.0 billion was provided in FY2006. The FY2007 maximumaward would be $4,050 under the Senate bill; the maximum wouldbe raised to $4,150 under the House bill. The request was for$4,050; in FY2006, the maximum Pell Grant was $4,050.

ESEA Funding Shortfall? Since the enactment of the No Child Left BehindAct of 2001 (NCLBA), P.L. 107-110, which amended the ESEA among otherprograms, there has been a continuing discussion regarding the appropriations“promised” and the resulting “shortfall” when the enacted appropriations arecompared to authorization levels. Some would contend that the ESEA authorizationsof appropriations, as amended by NCLBA, represent a funding commitment that waspromised in return for legislative support for the new administrative requirements

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placed on state and local educational systems. They would contend that theauthorized levels are needed for implementing the new requirements, and that thedifferences between promised and actual funding levels represent a shortfall ofbillions of dollars. Others would contend that the authorized funding levels representno more than appropriations ceilings, and as such are no different from authorizationsfor most education programs. That is, when the authorization amount is specified,it represents only a maximum amount, with the actual funding level to be determinedduring the regular annual appropriations process. In the past, education programswith specified levels of authorization generally have been funded at lower levels; fewhave been funded at levels equal to or higher than the specified authorization amount.

Five ESEA programs, as amended by NCLBA, have specific authorizationlevels for FY2002 through FY2007: Title I, Part A Grants to Local EducationalAgencies (LEAs); 21st Century Community Learning Centers (21CCLC); theEducation Block Grant; School Choice; and the Fund for the Improvement ofEducation (FIE). For FY2006, the aggregate authorization for these five programswas $26.3 billion, and the appropriation was $14.3 billion, or $12.0 billion less thanthe amount authorized. For FY2007, the authorized amount was $28.9 billion for thefive programs, and the President requested $15.6 billion, or $13.3 billion less. TheFY2007 House bill, as reported, would provide $14.3 billion, and, as reported, theSenate bill would provide $14.2 billion for these five programs in FY2007. Foradditional information, please see CRS Report RL33058, K-12 Education Programs:Recent Appropriations, by Paul M. Irwin.

IDEA Funding Shortfall? From 1975 to 2004, the IDEA Part B Grants toStates program authorized state payments up to a maximum amount of 40% of thenational average per-pupil expenditure (APPE) times the number of children withdisabilities ages 3-21 that each state serves. Appropriations have never beensufficient to reach the 40% level. In 2004, Congress addressed the authorizationissue in P.L. 108-446, which specified authorization ceilings for Part B Grants toStates for FY2005 through FY2011. For FY2006, the Part B Grants to Statesauthorization was $14.6 billion, and the appropriation was $10.6 billion, or $4.0billion less than the authorized amount. For FY2007, the authorized amount was$16.9 billion, and the President requested $10.7 billion, or $6.2 billion less than theamount authorized. The FY2007 House bill, as reported, would provide $10.7billion, and, as reported, the Senate bill would provide $10.6 billion for FY2007. Aswith ESEA and NCLBA, some view these differences as funding shortfalls, whileothers see the maximum federal share and the specified authorizations as nothingmore than appropriation ceilings. For additional information, please see CRS ReportRL32085, Individuals with Disabilities Education Act (IDEA): Current FundingTrends, by Richard N. Apling.

Forward Funding and Advance Appropriations. Most appropriationsare available for obligation during the federal fiscal year of the appropriations bill.For example, most FY2007 appropriations will be available for obligation fromOctober 1, 2006, through September 30, 2007. Several L-HHS-ED programs,including some of the larger ED programs, have authorization or appropriationsprovisions that allow funding flexibility for program years that differ from the federalfiscal year. For example, many of the elementary and secondary education formulagrant programs receive appropriations that become available for obligation to the

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states on July 1 of the same year as the appropriations, and remain available for 15months through the end of the following fiscal year. That is, FY2007 appropriationsfor some programs will become available for obligation to the states on July 1, 2007,and will remain available until September 30, 2008. This budgetary procedure ispopularly known as “forward” or “multi-year” funding, and is accomplished throughfunding provisions in the L-HHS-ED appropriations bill.

Forward funding in the case of elementary and secondary education programswas designed to allow additional time for school officials to develop budgets inadvance of the beginning of the school year. For Pell Grants for undergraduates,however, aggregate program costs for individual students applying for postsecondaryeducational assistance cannot be known with certainty ahead of time. Appropriationsfrom one fiscal year primarily support Pell Grants during the following academicyear, that is, the FY2007 appropriations will be used primarily to support grants forthe 2007-2008 academic year. Unlike funding for elementary and secondaryeducation programs, however, the funds for Pell Grants remain available forobligation for two full fiscal years.

An advance appropriation occurs when the appropriation is provided for afiscal year beyond the fiscal year for which the appropriation was enacted. In thecase of FY2007 appropriations, funds normally would have become availableOctober 1, 2006, under regular funding provisions, but will not become availableuntil July 1, 2007, under the forward funding provisions discussed above. However,if the July 1, 2007 forward funding date for obligation were to be postponed by threemonths — until October 1, 2007 — the appropriation would be reclassified as anadvance appropriation since the funds would become available only in a subsequentfiscal year, FY2008. For example, the FY2007 budget request for Title I, Part AGrants to LEAs for the Education for the Disadvantaged was $12.7 billion. Thisamount includes not only forward funding of $5.3 billion (to become available July1, 2007), but also an advance appropriation of $7.4 billion (to become availableOctober 1, 2007). Like forward funding provisions, these advance appropriations arespecified through provisions in the annual appropriations bill.

What is the impact of these changes in funding provisions? At theappropriations level, there is no difference between forward funded and advanceappropriations except for the period available for obligation. At the program orservice level, relatively little is changed by the three-month delay in the availabilityof funds, since most expenditures for a standard school year occur after October 1.At the scorekeeping level, however, a significant technical difference occurs becauseforward funding is counted as part of the current fiscal year, and is therefore fullyincluded in the current 302(b) allocation for discretionary appropriations. Underfederal budget scorekeeping rules, an advance appropriation is not counted in the302(b) allocation until the following year. In essence, a three-month change fromforward funding to an advance appropriation for a given program allows a one-timeshift from the current year to the next year in the scoring of discretionaryappropriations. For additional information, please see CRS Report RS20441,Advance Appropriations, Forward Funding, and Advance Funding, by SandyStreeter.

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CRS Products

CRS Report RL32867, Adult Education and Literacy: Overview andReauthorization Proposals of the 109th Congress, by Paul M. Irwin.

CRS Report RL31618, Campus-Based Student Financial Aid Programs Under theHigher Education Act, by David Smole.

CRS Report RL31487, Education for the Disadvantaged: Overview of ESEA TitleI-A Amendments Under the No Child Left Behind Act, by Wayne Riddle.

CRS Report RL33236, Education-Related Hurricane Relief: Legislative Action,Rebecca R. Skinner, et al.

CRS Report RL32085, Individuals with Disabilities Education Act (IDEA): CurrentFunding Trends, by Richard N. Apling.

CRS Report RL33371, K-12 Education: Implementation Status of the No Child LeftBehind Act of 2001 (P.L. 107-110), by Gail McCallion, Coordinator.

CRS Report RL33058, K-12 Education Programs: Recent Appropriations, by PaulM. Irwin.

CRS Report RS20532, The Safe and Drug-Free Schools and Communities Act:Reauthorization and Appropriations, by Edith Fairman Cooper.

CRS Report RS22308, Student Loans and FY2006 Budget Reconciliation, by AdamStoll.

CRS Report RL31240, 21st Century Community Learning Centers in P.L. 107-110:Background and Funding, by Gail McCallion.

CRS Report RS20441, Advance Appropriations, Forward Funding, and AdvanceFunding, by Sandy Streeter.

Websites

Department of Education

[http://www.ed.gov/index.jhtml][http://www.ed.gov/about/overview/budget/budget07/index.html]


Table 12 shows the appropriations details for offices and major programs ofED.

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Table 12. Detailed Department of Education Appropriations($ in millions)


FY2007request

FY2007House

FY2007Senate

FY2007final

Total Elementary and SecondaryEducation Act (non-add)

$23,334 $24,400 $22,842 $22,958

Title I, Part A Education for theDisadvantaged, Grants to LEAs

12,713 12,713 12,713 12,713

Even Start 99 0 70 0

Reading First State Grants 1,029 1,029 1,029 1,000

School Improvement Grants 0 200 200 100

Math Now, Elementary initiative 0 125 0 0

Math Now, Middle School initiative 0 125 0 0

High School Reform initiative 0 1,475 0 0

America’s Opportunity Scholarships 0 100 0 0

Education for the Disadvantaged,other 640 703 641 634

Impact Aid 1,228 1,228 1,228 1,228

Teacher Quality State Grants 2,887 2,887 2,587 2,747

Mathematics and SciencePartnerships

182 182 225 195

Innovative Education Block Grant 99 99 150 0

Educational Technology StateGrants 272 0 0 272

21st Century Community LearningCenters

981 981 981 981

State Assessments 408 408 408 408

Rural Education 169 169 169 169

School Improvement, other 257 247 245 258

Indian Education 119 119 119 119

Charter School Grants 215 215 215 215

Fund for the Improvement ofEducation general funds (FIE) 159 104 184 239

Innovation and Improvement, other 562 532 512 536

Safe and Drug-Free Schools StateGrants

347 0 310 310

Safe Schools and Citizenship, other 383 267 314 343

English Language Acquisition StateGrants 669 669 669 669

IDEA Special Education, Part B,Grants to States

10,583 10,683 10,733 10,583

IDEA Special Education, other 1,070 1,015 1,020 1,027

Vocational Rehabilitation StateGrants (mandatory) 2,720 2,837 2,837 2,837

Rehabilitation Services, other 406 343 407 411

Special Institutions for PersonsWith Disabilities

181 181 186 188

Perkins Vocational Education 1,296 0 1,296 1,296

Adult Education 580 580 580 580

Vocational and Adult, other 116 0 50 24

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FY2007request

FY2007House

FY2007Senate

FY2007final

Student Financial Aid

Pell Grants, maximum award (indollars, non-add)

4,050 4,050 4,150 4,050

Pell Grants 13,045 12,660 13,009 12,607

Pell Grants shortfall elimination(mandatory) (a) 4,300 0 0 0

Supplemental EducationalOpportunity Grants

771 771 771 771

Federal Work-Study 980 980 980 980

Federal Perkins Loans 65 0 65 65

Leveraging Educational AssistancePartnership (LEAP) 65 0 65 65

Perkins Loans Assets offset 0 -664 0 0

Student Aid Administrative Costs 119 734 714 714

Office of Postsecondary Education (OPE)

Aid for Institutional Development 506 503 503 506

Fund for the Improvement ofPostsecondary Education (FIPSE)

22 22 90 92

TRIO Programs 828 380 828 828

GEAR UP 303 0 303 303

Higher Education, other 292 204 240 274

Howard University 237 237 237 237

Institute of Education Sciences 517 554 535 536

Departmental Management 550 572 568 568

Hurricane Recovery (b) 1,600 0 0 0

TOTALS, DEPARTMENT OF EDUCATIONTotal Appropriations (a, b, c) 64,573 57,168 58,986 58,630




a. P.L. 109-149, Section 305 provided a one-time $4.3 billion mandatory FY2006 appropriation toeliminate the estimated Pell Grants shortfall; this amount is shown in the table and its totals.

b. P.L. 109-148, Division B, Title I, Chapter 6 provided a one-time $1.6 billion emergency FY2006appropriation of educational assistance in response to the 2005 Gulf Coast hurricanes; thisamount is shown in the table and its totals. P.L. 109-234 provided an additional $285 million(not yet included in table).

c. Appropriations totals include discretionary and mandatory funds, and are subject to additionalscorekeeping and other adjustments.

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Related Agencies

FY2006 discretionary appropriations for L-HHS-ED related agencies were $11.4billion. For FY2007, the budget request was $11.2 billion, $0.2 billion (1.8%) lessthan the FY2006 amount, as shown in Table 13. As reported, the House bill wouldprovide $11.0 billion, and, as reported, the Senate bill would provide $11.3 billion.

Table 13. Related Agencies Discretionary Appropriations($ in billions)


FY2007request

FY2007House

FY2007Senate

FY2007final

Appropriations $11.4 $11.2 $11.0 $11.3


Mandatory programs for related agencies included in the L-HHS-ED bill werefunded at $37.7 billion in FY2006, virtually all of it for the Supplemental SecurityIncome (SSI) program.

Key Issues

President’s Request. The President’s FY2007 budget for related agenciesproposed discretionary spending changes of at least $100 million for the followingagencies.

! The Corporation for Public Broadcasting (CPB) has been providedwith a two-year advance appropriation in recent years; however, thePresident’s FY2007 budget did not request FY2009 funds for CPB.The CPB has been funded at $400 million for FY2008 (enacted aspart of the FY2006 L-HHS-ED appropriations), $400 million forFY2007 (enacted in FY2005), and $396 million for FY2006(enacted in FY2004).

! The Supplemental Security Income (SSI) discretionary activities,funded at $2.7 billion in FY2006, would be increased by $271million.

! Social Security Administration (SSA) Administrative Expenses,funded at $6.4 billion in FY2006, would be increased by $114million.

House Bill. For the related agencies of the L-HHS-ED bill, the House bill, asreported, differs from the President’s budget request by at least $100 million for onlyone program. The SSA Administrative Expenses would receive $6.3 billion, $141million less than requested; these activities were funded at $6.4 billion in FY2006.

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Senate Bill. As reported, the Senate bill differs from the House bill by at least$100 million for several programs administered by the L-HHS-ED related agencies.

! The CPB would receive $400 million in advance appropriations forFY2009. No funds were requested, and no funds would be providedby the House; $400 million was appropriated in FY2006 forFY2008.

! SSA Administrative Expenses would be funded at $6.2 billion, $158million less than the House amount of $6.3 billion; $6.5 billion wasrequested; and $6.4 billion was provided in FY2006.

CRS Products

CRS Report RS22168, The Corporation for Public Broadcasting: Federal FundingFacts and Status, by Glenn J. McLoughlin.

CRS Report RL31320, Federal Aid to Libraries in the Museum and Library ServicesAct of 2003, by Gail McCallion.

CRS Report RL33544, Social Security Reform: Current Issues and Legislation, byDawn Nuschler.

Websites

Note: Not all of the websites for the related agencies of L-HHS-ED appropriationsinclude FY2007 budget information.

Committee for Purchase From People Who Are Blind or Severely Disabled[http://www.jwod.gov/jwod/index.html]

Corporation for National and Community Service[http://www.cns.gov]

Corporation for Public Broadcasting[http://www.cpb.org]

Federal Mediation and Conciliation Service[http://www.fmcs.gov/internet/]

Federal Mine Safety and Health Review Committee[http://www.fmshrc.gov/]

Institute of Museum and Library Services[http://www.imls.gov/]

Medicare Payment Advisory Commission[http://www.medpac.gov/]

National Commission on Libraries and Information Science[http://www.nclis.gov/]

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National Council on Disability[http://www.ncd.gov/]

National Labor Relations Board[http://www.nlrb.gov/nlrb/home/default.asp]

National Mediation Board[http://www.nmb.gov/]

Occupational Health and Safety Review Commission[http://www.oshrc.gov/]

Railroad Retirement Board[http://www.rrb.gov]

Social Security Administration[http://www.ssa.gov][http://www.ssa.gov/budget/]


Table 14 shows the appropriations details for offices and major programs of theL-HHS-ED related agencies.

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Table 14. Detailed Related Agencies Appropriations($ in millions)


FY2007request

FY2007House

FY2007Senate

FY2007final

Committee for Purchase FromPeople Who Are Blind orSeverely Disabled

$5 $5 $5 $5

Corporation for National and Community Service (CNCS) (a)

CNCS Domestic Volunteer Service Programs (DVSP)

Volunteers in Service to America(VISTA) 95 95 95 95

National Senior Volunteer Corps 218 218 218 218

DVSP subtotal 313 313 313 313

CNCS National and Community Service Programs (NCSP)

National Service Trust 139 125 125 125

AmeriCorps Grants 265 259 218 259

National Civilian CommunityCorps

27 5 27 27

NCSP, other 84 74 67 77

NCSP subtotal 515 463 437 488

CNCS, other 72 75 73 76

CNCS subtotal 900 851 823 877

Corporation for PublicBroadcasting (CPB), two-yearAdvance for FY2009 (currentrequest) with FY2008 comparable

400 0 0 400

CPB FY2009 rescission (non-add) 0 -50 0 0

CPB FY2008 rescission (non-add) 0 -54 0 0

CPB advance for FY2008 with FY2007 comparable (non-add)

400 400 400 400

CPB advance for FY2007 withFY2006 comparable (non-add)

396 400 400 400

CPB Digitalization Program 30 0 0 30

CPB Interconnection 35 0 0 36

Federal Mediation andConciliation Service

43 43 43 43

Federal Mine Safety and HealthReview Committee 8 8 8 8

Institute of Museum and LibraryServices (IMLS)

247 262 280 260

Medicare Payment AdvisoryCommission 10 10 10 10

National Commission on Librariesand Information Science

1 1 1 1

National Council on Disability 3 3 3 3

National Labor Relations Board 250 250 250 250

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FY2007request

FY2007House

FY2007Senate

FY2007final

National Mediation Board 12 12 12 13

Occupational Safety and HealthReview Commission

10 10 11 10

Railroad Retirement Board 198 193 193 193

Social Security Administration (SSA) (b)

SSA Payments to Social SecurityTrust Fund (mandatory) 20 28 28 28

SSA Supplemental SecurityIncome (SSI) (mandatory)

37,746 42,931 42,931 42,931

SSA SSI, Discretionary 2,733 3,004 2,944 2,902

SSA SSI subtotal 40,479 45,935 45,875 45,833

SSA Administrative Expenses 6,376 6,490 6,349 6,191

SSA Medicare Reform Funding(carryover from FY2003, non-add) (c)

101 0 0 0

SSA Office of Inspector General 91 96 94 91

SSA subtotal 46,967 52,549 52,346 52,143

TOTALS, RELATED AGENCIES

Total appropriations (d) 49,117 54,197 53,985 54,282



Two-year advance funding 400 0 0 400


a. Through FY2005, CNCS AmeriCorps Grants and other programs under the National andCommunity Service Act were funded in the Veterans Affairs-Housing and Urban Development(VA-HUD) Appropriations Act. All CNCS programs are funded in L-HHS-ED in FY2006.

b. The operation of the Social Security trust funds is considered off-budget, but the Social SecurityAdministration (SSA) Supplemental Security Income (SSI) program, SSA AdministrativeExpenses, and certain related SSA activities are included under L-HHS-ED related agencies.

c. SSA Medicare Reform Funding startup costs were separately funded in FY2005; such activitieswere combined under the regular SSA Administrative Expenses starting in FY2006.

d. Appropriations totals include discretionary and mandatory funds, and are subject to additionalscorekeeping and other adjustments.

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Appendix A. Terminology and Web Resources

The following items include some of the key budget terms used in this report;they are based on CRS Report 98-720, Manual on the Federal Budget Process, byRobert Keith and Allen Schick. The websites provide general information on thefederal budget and appropriations.

Advance appropriation is budget authority that will become available in a fiscalyear beyond the fiscal year for which the appropriations act is enacted; scorekeepingcounts the entire amount in the fiscal year it first becomes available for obligation.

Appropriation is budget authority that permits federal agencies to incur obligationsand to make payments out of the Treasury for specified purposes. Appropriationsrepresent the amounts that agencies may obligate during the period of time specifiedin the law. Annual appropriations are provided in appropriations acts; mostpermanent appropriations are provided in substantive law. Major types ofappropriations are regular, supplemental, and continuing.

Budget authority is legal authority to incur financial obligations that normally resultin the outlay of federal government funds. Major types of budget authority areappropriations, borrowing authority, and contract authority. Budget authority alsoincludes the subsidy cost to the federal government of direct loans and loanguarantees, estimated on a net present value basis.

Budget resolution is a concurrent resolution passed by both Houses of Congress, butnot requiring the signature of the President, setting forth the congressional budget forat least five fiscal years. It includes various budget totals and functional allocations.

Discretionary spending is budget authority provided in annual appropriations acts,other than appropriated entitlements.

Entitlement authority is the authority to make payments to persons, businesses, orgovernments that meet the eligibility criteria established by law; as such, it representsa legally binding obligation on the part of the federal government. Entitlementauthority may be funded by either annual or permanent appropriations acts.

Forward funding is budget authority that becomes available after the beginning ofthe fiscal year for which the appropriation is enacted and remains available into thenext fiscal year; the entire amount is counted or scored in the fiscal year in which itfirst becomes available.

Mandatory (direct) spending includes (a) budget authority provided in laws otherthan appropriations; (b) entitlement authority; and (c) the Food Stamp program.

Rescission is the cancellation of budget authority previously enacted.

Scorekeeping is a set of procedures for tracking and reporting on the status ofcongressional budgetary actions.

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Supplemental appropriation is budget authority provided in an appropriations actthat provides funds that are in addition to regular appropriations.

Websites

General information on budget and appropriations may be found at thesewebsites. Specific L-HHS-ED agency sites are listed in relevant sections of thisreport.

House Committees[http://appropriations.house.gov/][http://budget.house.gov/][http://www.house.gov/budget_democrats/]

Senate Committees[http://appropriations.senate.gov/][http://www.senate.gov/~budget/republican/][http://www.senate.gov/~budget/democratic/]

Congressional Budget Office (CBO)[http://www.cbo.gov]

Congressional Research Service (CRS)[http://apps.crs.gov/cli/level_2.aspx?PRDS_CLI_ITEM_ID=73]

Government Accountability Office (GAO)[http://www.gao.gov/]

Government Printing Office (GPO)[http://www.gpoaccess.gov/usbudget/]

Office of Management & Budget (OMB)[http://www.whitehouse.gov/omb/budget/index.html][http://www.whitehouse.gov/omb/legislative/sap/index.html]

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Appendix B. Context of L-HHS-ED Appropriations

Budget authority for all federal programs was estimated at $2,757.8 billion forFY2006. Budget authority for all L-HHS-ED departments and related agencies wasestimated at $1,413.8 billion, or slightly more than half — 51.3% — of the federaltotal. Table B.1 shows budget authority by agency for L-HHS-ED agencies; TableB.2 shows sources of budget authority for L-HHS-ED agencies, as discussed below.

Table B.1. L-HHS-ED Budget Authority by Agency, FY2006(Estimated current year budget authority in billions of dollars)

Budget authority by agencyEstimatedauthority

% of L-HHS-ED

% offederal

Total federal budget authority $2,757.8 — 100.0%

Department of Labor 51.3 3.6% 1.9%

Department of Health and Human Services 676.9 47.9% 24.5%

Department of Education 88.6 6.3% 3.2%

Social Security Administration (On-budget) 53.0 3.7% 1.9%

Social Security Administration (Off-budget) 541.8 38.3% 19.6%

Other L-HHS-ED related agencies 2.2 0.2% 0.1%

L-HHS-ED agency total $1,413.8 100.0% 51.3%

Sources: Historical Tables: Budget of the United States Government, Fiscal Year 2007, Table 5.2,and H.Rept. 109-515, June 20, 2006, which provides details for the FY2006 L-HHS-ED amountsunder P.L. 109-149, adjusted for reductions required by P.L. 109-148.

Note: For comparability, this table uses data from the Feb. 2006 OMB budget documents andcomparable L-HHS-ED documents; the data therefore do not include any adjustments forscorekeeping, entitlements, rescissions, or supplemental appropriations beyond those of P.L. 109-149.

Table B.2. L-HHS-ED Budget Authority by Source, FY2006(Estimated current year budget authority in billions of dollars)

Budget authority by sourceEstimatedauthority

% of L-HHS-ED

% offederal

Total federal budget authority $2,757.8 — 100.0%

L-HHS-ED bill, current year discretionary funds 147.2 10.4% 5.3%

L-HHS-ED bill, current year mandatory funds 460.3 32.6% 16.7%

L-HHS-ED authority from other annual bills 4.7 0.3% 0.2%

L-HHS-ED agency remainder not from any annual bill 801.6 56.7% 29.1%

L-HHS-ED agency total $1,413.8 100.0% 51.3%

Sources: Historical Tables: Budget of the United States Government, Fiscal Year 2007, Table 5.2,and H.Rept. 109-515, June 20, 2006, which provides details for the FY2006 L-HHS-ED amountsunder P.L. 109-149, adjusted for reductions required by P.L. 109-148.

Note: For comparability, this table uses data from the Feb. 2006 OMB budget documents andcomparable L-HHS-ED documents; the data therefore do not include any additional FY2006adjustments for scorekeeping, entitlements, rescissions, or supplemental appropriations.

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The L-HHS-ED appropriations subcommittees generally had effective controlover only the $147.2 billion in FY2006 current year discretionary funds (10.4% ofthe L-HHS-ED agency total, 5.3% of the federal total), as indicated in Table B.2.What accounts for the remaining $1,266.6 billion of L-HHS-ED agency funds (89.6%of the L-HHS-ED agency total, 45.9% of the federal total)?

First, entitlements and other mandatory programs account for three-quarters ofthe L-HHS-ED bill total — $460.3 billion (32.6% of the L-HHS-ED agency total,16.7% of the federal total). Appropriations are enacted for these mandatory activitiesannually — they are sometimes called “appropriated entitlements” — but theamounts provided generally must be sufficient to cover entitlements to beneficiariesand other mandatory obligations. Federal administrative costs for these programsare, however, subject to annual discretionary appropriations. The major L-HHS-EDprograms in this category include Supplemental Security Income, Black LungDisability payments, Foster Care and Adoption, the Social Services Block Grant,Vocational Rehabilitation, and general fund support for Medicare and Medicaid.

Second, other appropriations bills account for a small portion of L-HHS-EDagency funding — $4.7 billion (0.3% of the L-HHS-ED agency total, 0.2% of thefederal total). Two HHS agencies are fully funded through other appropriations bills,and two HHS programs are partially funded by bills other than L-HHS-ED, asdescribed below. Prior to FY2006, the Corporation for National and CommunityService (CNCS) was partially funded outside of the L-HHS-ED bill.

! The HHS Food and Drug Administration (FDA) is funded byAgriculture appropriations ($1.5 billion in FY2006).

! The HHS Indian Health Service (IHS) is funded by Interiorappropriations ($3.0 billion in FY2006).

! The Centers for Disease Control and Prevention (CDC) is primarilyfunded under L-HHS-ED ($6.1 billion in FY2006); it also receivesfunds from Interior appropriations for the Agency for ToxicSubstances and Disease Registry (ATSDR) ($75 million inFY2006).

! The National Institutes of Health (NIH) is primarily funded underL-HHS-ED ($28.3 billion in FY2006); it also receives funds fromInterior appropriations for the National Institute of EnvironmentalHealth Sciences (NIEHS) ($79 million in FY2006).

Third, remaining L-HHS-ED agency funds are provided without additionallegislative action and provided automatically outside of the annual appropriationsprocess — $801.6 billion (56.7% of the L-HHS-ED agency total, 29.1% of thefederal total). These funds are provided through trust funds and other mandatoryauthorities. The major L-HHS-ED programs in this category include UnemploymentCompensation, Medicare, Railroad Retirement, Temporary Assistance for NeedyFamilies (TANF, the welfare assistance program), Student Loans, State Children’sHealth Insurance, and Social Security benefits. Funding levels for these programs,as well as for the appropriated entitlements discussed above, generally are notchanged through appropriations committees or legislation. Rather, funding ismodified by amending authorization statutes; such changes typically are madethrough authorizing committees and the budget reconciliation process.

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